Minutes of the Board of Regents of Stephen F. Austin State University. 1989, Volume No. 92

Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
April 26,1989
Volume 92
INDEX
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT NACOGDOCHES, TEXAS
April 26, 1989
Page
89-48 Election of Chairman, Vice Chairman
and Secretary of the Board of Regents l
89-49 Approval of the Minutes of the Meeting
of January 24, 1989 1
89-50 Approval of the Minutes of the Meeting
of February 27, 1989, as Corrected l
89-51 Acceptance of the Policy and Procedure
Manual and Authorization for Distri
bution .... 1
89-52 Authorization for Attorney General
of Texas to Sue Variety Productions,
Inc 1
89-53 Approval of Faculty Staff Appointments
for FY 1988-89 1
89-54 Approval of Faculty Staff Appointments
for FY 1989-90 8
89-55 Approval of Changes of Status 9
89-56 Approval of Leaves of Absence
Without Pay 11
89-57 Award of Academic Tenure Effective
with the Fall Semester, 1989 11
89-58 Approval of Academic Promotions 12
89-59 Acceptance of Retirements 12
89-60 Award of Regents Professorships for
the Academic Year 1989-90 13
89-61 Approval of Faculty Workload Report
for Spring Semester, 1989 13
89-62 Acceptance of 1989-90 General Bulletin 13
89-63 Approval of Summer Budget for 1989 13
89-64 Acceptance of Annual Financial Certification .. 13
89-65 Authorization for Administration to Take
Bids to be Approved by Board for Replacement
Equipment and Software for Energy Management
System 14
89-66 Authorization to Purchase Property at
1520 Baker Street 14
89-67 Approval of Contract for Re-roofing
Steen Library 14
89-68 Approval of Contract for Repair of
Coliseum Parking Lot 14
89-69 Ratification of Action Taken by Admin
istration to Replace Chiller in Hall 17 14
89-70 Ratification of Budget for Replace
ment of Chiller in Hall 17 15
89-71 Approval of Contract for Renovation
of Wisely Hall 15
89-72 Approval of Budget for Renovation of
Wisely Hall 15
89-73 Approval of Purchase Order for Replace
ment Boilers in University Center 15
89-74 Approval to Award Contract to Low
Bidder, with Chairman Signature, for
Installation of Boilers, Chillers, and
Related Equipment for University Center 15
89-75 Approval of Purchase Orders for Removal
of Asbestos in University Center and
University Center Mechanical Room 15
89-76 Authorization to Employ Engineer for Joint
Project with City of Nacogdoches for
Sanitary Sewer Improvement 16
89-77 Approval of Agreement Between SFASU and
the City of Nacogdoches to Contract for
Sanitary Sewer and Storm Sewer Improve
ment Pro j ect 16
89-78 Authorization to Seek Bids for East
College Storm Sewer Project With Chairman
Authorized to Sign Contract 16
89-79 Approval to Accept Agreement between T.L.L.
Temple Foundation and Stephen F. Austin
State University Foundation, Incorporated 16
89-80 Approval of Resolution Honoring
Ms Willia Murphy Wooten 16
89-81 Approval of Resolution Honoring
Mr. Lavoy Moore 17
89-82 Approval of Resolution Honoring
Mr. A. Nelson Rusche 17
89-83 Approval of Resolution Honoring
Mr. M. M. Stripling 17
89-84 Approval to Draft a Resolution Honoring
Immediate Past-Chairman, Mr. Dan Haynes 17
Contract for Re-Roofing Steen Library 18
Contract for Coliseum Parking Re-Paving 28
Contract for Wisely Hall Alterations-1989 38
Agreement for Joint Construction Project
Sanitary Sewer and Storm Sewer Improvements
on East College Street between the City of
Nacogdoches and Stephen F. Austin State
University 49
Agreement Establishing Temple Chair in
Forestry 61
Resolution Honoring Willia Murphy Wooten 67
Resolution Honoring A. Lavoy Moore 68
Resolution Honoring A. Nelson Rusche 69
Resolution Honoring M. M. Stripling 70
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT NACOGDOCHES, TEXAS
April 26, 1989
The meeting was called to order by Mr. Dan Haynes, Chairman
of the Board of Regents, at 9:00 a.m., April 26, 1989.
REGENTS
PRESENT:
STAFF
PRESENT:
VISITORS
Senator Roy M. Blake of Nacogdoches
Mr. Homer Bryce of Henderson
Mr
Mr
Mr
Mr
Mr
Ms
Dr
Mr
Dr
Dr
Dr
Dr
Ms
Ms
Mr
Ms
Dr
Ms
Mr
Larry Jay Christopher of Crockett
Dan Haynes of Burnet
Richard Hile of Jasper
Kelly Jones of Arlington
James M. Windham, Jr. of Houston
Peggy Wedgeworth Wright of Nacogdoches
. William R. Johnson, President
. Don L. Henry, Vice President for
Administrative and Fiscal Affairs
. Baker Pattillo, Vice President for
University Affairs
. Robert J. Provan, General Counsel
. James V. Reese, Vice President for
Academic Affairs
. Nancy Speck, Vice President for University
Advancement
. Lucy Stringer, Assistant to the President
and Editor of University Publications
. Jennifer Brooks, President, Student
Government Association
. Kevin McCarley, Editor, Pine Log
. Marilyn Abegg, Assistant to the Vice
President for University Advancement
. Norman Markworth, Chairman, Faculty Senate
. Donna McCollum, KTRE-TV
. Ted Bowen, Chairman, SFASU Board of
Trustees
89-48
Upon motion of Regent Bryce, seconded by Regent Hile, with
all members voting aye, it was ordered that Regent Wright be
elected Chairman, Regent Jones be elected Vice Chairman, and
Mr. Don L. Henry be elected Secretary of the Board of
Regents for Stephen F. Austin State University.
89-49
Upon motion of Regent Bryce, seconded by Regent Jones, with
all members voting aye, it was ordered that the minutes of
the meeting of January 24, 1989, be approved.
89-50
Upon motion of Regent Bryce, seconded by Regent Jones, with
all members voting aye, it was ordered that the minutes of
the meeting of February 27, 1989, be approved as corrected.
89-51
Upon motion of Regent Windham, seconded by Regent Jones,
with all members voting aye, it was ordered that the Board
of Regents officially accept the Policy and Procedure Manual
and authorize its distribution.
89-52
Upon motion of Regent Christopher, seconded by Regent Hile
with all members voting aye, it was ordered that the
Attorney General of Texas be authorized to sue Variety
Productions, Inc. for the recovery of $10,744.96 for
itemized expenses pursuant to its agreement for the
cancelled performance of Bob Hope and Julie Budd on
November 20, 1989.
89-53
Upon recommendation of Regent Blake, seconded by Regent
Bryce, with all members voting aye, it was ordered that the
following appointments be approved:
1. Accounting
Mr. Bertin E. Howard, Part-time Instructor, at a salary
of $2,000 for 25% time for the spring semester, 1989.
2. Administrative Services
Ms. Vicki A. David, Part-time Instructor, at a salary
of $1,500 for 25% time for the spring semester, 1989.
Ms. Nancy J. Engman, Part-time Instructor, at a salary
of $4,500 for 75% time for the spring semester, 1989.
Ms. June Nelson Zindler, Part-time Instructor, at a
salary of $3,000 for 50% time for the spring semester.
1989.
3. Art
Mr. Harry C. Schwarz, Part-time Instructor, 38, M.F.A.
(Southern Illinois University), at a salary of $1,800
for 67% time for six weeks during the spring semester,
1989, to cover classes for a regular faculty member on
sick leave.
4. Communication
Dr. R. John Butts, Part-time Professor, at a salary of
$18,150 for 50% time for 9 months.
Mr. Steve Richard Jennings, Lecturer, at a salary of
$4,500 for 75% time for the spring semester, 1989.
Mr. Kenneth Kennemer, Part-time Instructor, at a salary
of $1,830 for 25% time for the spring semester, 1989.
5. Computer Science
Ms. Gail Jeane Leslie, Lecturer, 38, M.S. (Stephen F.
Austin State University), at a salary of $12,500 for
100% time for the spring semester, 1989.
6. Counseling and Special Educational Programs
Ms. Loree Jean Krenzke, Lecturer, 32, M.S. (Lamar
University), at a salary of $1,500 for 25% time for the
spring semester, 1989.
Ms. Melissa Pool, Part-time Instructor, 28, M.S.
(Baylor University), at a salary of $1,219 for 25% time
for the spring semester, 1989.
7. Criminal Justice
Mr. John Daniel Norton, Part-time Instructor, at a
salary of $1,750 for 25% time for the spring semester,
1989.
Mr. Walter Hayes Scalen, Part-time Instructor, at a
salary of $3,000 for 50% time for the spring semester,
1989.
8. Economics and Finance
Mr. Danny Gallant, Part-time Instructor, at a salary of
$1,500 for 25% time for the spring semester, 1989.
Mr. William Jake Lyon, Part-time Instructor, at a
salary of $1,750 for 25% time for the spring semester,
1989.
9. Elementary Education
Ms. Marilyn Joyce Barton, Part-time Instructor, 56,
M.Ed. (Stephen F. Austin State University), at a salary
of $4,000 for 100% time for the spring semester, 1989.
Ms. Katherine Rae Wynn, Part-time Instructor, at a
salary of $1,000 for 25% time for the spring semester,
1989.
10. English and Philosophy
Ms. Sylvia Bierschenk, Part-time Instructor, at a
salary of $3,250 for 50% time for the spring semester,
1989.
Dr. Royce Burton, Part-time Instructor, at a salary of
$4,000 for 50% time for the spring semester, 1989.
Ms. Annette Dawson, Part-time Instructor, at a salary
of $3,720 for 50% time for the spring semester, 1989.
Ms. Vickie DeMars, Part-time Instructor, at a salary of
$3,250 for 50% time for the spring semester, 1989.
Ms. Mary Devine, Part-time Instructor, at a salary of
$3,500 for 50% time for the spring semester, 1989.
Mr. Doug Dollar, Part-time Instructor, at a salary of
$3,250 for 50% time for the spring semester, 1989.
Ms. Betty Haley, Part-time Instructor, at a salary of
$3,250 for 50% time for the spring semester, 1989.
Dr. Connie Hall, Part-time Instructor, at a salary of
$1,860 for 25% time for the spring semester, 1989.
Ms. Mary E. Pierce-Daniel, Part-time Instructor, at a
salary of $3,250 for 50% time for the spring semester,
1989.
Mr. Robert Richey, Part-time Instructor, at a salary of
$3,250 for 50% time for the spring semester, 1989.
Ms. Lynda Kaye Russell, Part-time Instructor, at a
salary of $3,250 for 50% time for the spring semester,
1989.
Ms. Nancy Lee Shaffer, Part-time Instructor, at a
salary of $1,625 for 25% time for the spring semester,
1989.
Ms. Molly Travis, Part-time Instructor, at a salary of
$3,500 for 50% time for the spring semester, 1989.
Ms. Leann West, Part-time Instructor, at a salary of
$1,625 for 25% time for the spring semester, 1989.
11. Forestry
Dr. Gary Douglas Kronrad, Assistant Professor, 40,
Ph.D. (University of Massachusetts), at a salary of
$30,000 for 100% time, effective May 1, 1989.
Dr. Casey E. Westell, Jr., Visiting Hunt Professor, 62,
Ph.D. (University of Michigan), at a salary of $6,000
for 25% time for the spring semester, 1989.
12. Health and Physical Education
Mr. Ike E. Anders, Part-time Instructor, at a salary of
$2,500 for 50% time for the spring semester, 1989.
Ms. Virginia Jobe Mathews, Part-time Associate
Professor, at a salary of $8,875 for 75% time for the
spring semester, 1989.
Ms. Carolyn Ann Tillison, Part-time Instructor, at a
salary of $6,000 for 100% time for the spring semester,
1989.
13. History
Ms. Hazel Abernethy, Part-time Instructor, at a salary
of $3,600 for 50% time for the spring semester, 1989.
Mr. Thomas L. Dunn, Part-time Instructor, at a salary
of $1,800 for 25% time for the spring semester, 1989.
Dr. James M. McReynolds, Part-time Instructor, at a
salary of $2,000 for 25% time for the spring semester,
1989.
Mr. Daniel F. Rankin, Part-time Instructor, at a salary
of $3,600 for 50% time for the spring semester, 1989.
Mr. Ronald L. Spiller, Part-time Instructor, at a
salary of $3,600 for 50% time for the spring semester.
1989.
14. Liberal Arts
Dr. Sung-chul Shin, Exchange Professor, 57, Ph.D.
(Chungnam National University in Korea), at a salary of
$7,000 for 100% time for seven months, effective
January 2, 1989.
15. Management and Marketing
Dr. Richard W. Ballenger, Part-time Lecturer, at a
salary of $3,000 for 50% time for the spring semester,
1989.
16. Mathematics and Statistics
Dr. Robert R. Fleet, Lecturer, at a salary of $7,700
for 100% time for the spring semester, 1989.
Mr. Hossein M. Hosseinpour, Lecturer, at a salary of
$6,510 for 100% time for the spring semester, 1989.
Mr. Paul E. Lewis, Lecturer, 26, M.S. (Stephen F.
Austin State University), at a salary of $6,400 for
100% time for the spring semester, 1989.
Ms. Vicky G. Lymbery, Lecturer, at a salary of $7,918
for 100% time for the spring semester, 1989.
Mr. Anthony G. Precella, Lecturer, 24, M.S. (Stephen F.
Austin State University), at a salary of $6,400 for
100% time for the spring semester, 1989.
Mr. Timothy C. Precella, Lecturer, 24, M.S. (Stephen F.
Austin State University), at a salary of $6,400 for
100% time for the spring semester, 1989.
17. Modern Languages
Mr. Jose Barboza, Part-time Instructor, at a salary of
$1,325 for 25% time for the spring semester, 1989.
Mr. Robert Norris, Part-time Instructor, at a salary of
$1,650 for 25% time for the spring semester, 1989.
18. Music
Ms. Debbie J. Berry, Part-time Instructor, at a salary
of $4,333 for 72% time for the spring semester, 1989.
Mr. William C. Krause, Part-time Instructor, at a
salary of $1,500 for 25% time for the spring semester,
1989.
Ms. Linda Parr, Part-time Instructor, at a salary of
$833 for 13.8% time for the spring semester, 1989.
19. Nursing
Dr. Doreen Shephard, Assistant Professor, 53, Ph.D.
(Texas Woman's University), at a salary of $31,500 for
nine months, effective spring semester, 1989.
20. Political Science and Geography
Dr. Harry V. Hoechten, Lecturer, at a salary of $6,000
for 75% time for the spring semester, 1989.
Ms. Robin L. Moore, Part-time Instructor, 35, M.P.A.
(Texas A&M University), at a salary of $1,650 for 25%
time for the spring semester, 1989.
21. Psychology
Mr. David Milem, Part-time Instructor, at a salary of
$1,800 for 25% time for the spring semester, 1989.
Mr. Robert B. Patterson, Part-time Instructor, 39, M.A.
(Stephen F. Austin State University), at a salary of
$1,900 for 25% time for the spring semester, 1989.
Mr. Mark Allen Sutten, Part-time Instructor, 36, M.A.
(Stephen F. Austin State University), at a salary of
$1,900 for the spring semester, 1989.
Ms. Donna R. Teafatiller, Part-time Instructor, 39,
M.A. (Stephen F. Austin State University), at a salary
of $1,800 for 25% time for the spring semester, 1989.
22. Secondary Education
Ms. Kathleen H. Belanger, Part-time Instructor, at a
salary of $1,500 for 25% time for the spring semester,
1989.
Mr. Bobby D. Browning, Part-time Assistant Professor,
at a salary of $2,000 for 25% time for the spring
semester, 1989.
Mr. Darryl Lynn Morris, Part-time Lecturer, 39, M.Ed.
(Texas A&M University), at a salary of $2,000 for 25%
time for the spring semester, 1989.
23. Social Work
Ms. Nancy F. Lamar, Part-time Instructor, 36, M.S.S.W.
(University of Texas at Arlington), at a salary of
$1,500 for 25% time for the spring semester, 1989.
Mr. Arlyn Vierkant, Part-time Instructor, at a salary
of $1,500 for 25% time for the spring semester, 1989.
24. Theatre
Dr. Maury H. Marcus, Part-time Instructor, at a salary
of $1,500 for 25% time for the spring semester, 1989.
25. Applied Studies
Faculty members with on-campus teaching assignments are
routinely assigned, as needed, to teach field-based,
off-campus courses. Faculty are compensated for
teaching courses away from the campus through a formula
approved by the Board of Regents which includes a
payment for the travel time necessary for delivering
the course, as well as a stipend for teaching the
course. Courses taught in correctional institutions
also carry a small additional stipend. Occasionally,
individuals teaching part-time on campus will receive a
proportional part of their regular salary plus the
extra compensation for delivering off-campus courses.
The following faculty are teaching for the spring
semester, 1989, at the location, and for the salary
indicated.
Dr. Jesse Richardson
Dr. Elvia Rodriguez
Dr. Jose Rodriguez
Dr. Stephen N. Smith
Dr. James 0. Standley
Dr. Donnya Stephens
Dr. John T. Thornton
Mr. Arlyn Vierkant
Dr. William Weber
26. Administrative and Fiscal Affairs
Mr. Paul W. Heimer, Director of Purchasing and
Inventory, at a salary of $36,500 for 100% time,
effective March 13, 1989.
27. University Affairs
Mr. Eric Nelson, Facilities Manager, at a salary of
$20,000 for twelve months, effective January 18, 1989.
28. Computing and Communication Services
Mr. J. R. Berger, Programmer/Analyst I, at a salary of
$19,000 for 100% time, effective October 10, 1988.
Mr. Paul R. Blackwell, Microcomputer Support
Specialist, at a salary of $19,000 for 100% time,
effective January 6, 1989.
89-54
Upon motion of Regent Haynes, seconded by Regent Windham,
with all members voting aye, it was ordered that the
following appointments for 1989-90 be approved.
1. Accounting
Ms. Dixie Dion Macrina, Assistant Professor, 47, MBA
(Stephen F. Austin State University), at a salary of
$39,000 for 100% time for the fall semester, 1989.
2. Political Science and Geography/Sociology
Dr. Gayle K. Berardi, Assistant Professor of Political
Science and Sociology, 36, Ph.D. (University of
Colorado), at a salary of $24,500 for nine months,
effective the fall semester, 1989.
89-55
Upon motion of Regent Christopher, seconded by Regent Hile,
with all members voting aye, it was ordered that the
following changes of status be approved.
1. Counseling and Special Educational Programs
Ms. Debra Bankston, Instructor, an additional $1,000 to
teach an overload during the spring semester, 1989.
Dr. Joe M. Blackbourn, Assistant Professor, an
additional $1,000 to teach an overload during the
spring semester, 1989.
Ms. Emilie M. Kief, Instructor, an additional $1,000 to
teach an overload during the spring semester, 1989.
Dr. Michael D. McKaig, Assistant Professor, an
additional $1,000 to teach an overload during the
spring semester, 1989.
Dr. Bruce Payette, Associate Professor, an additional
$1,000 to teach an overload during the spring semester,
1989.
Ms. Marietta L. Yeates, Instructor, an additional
$1,000 to teach an overload during the spring semester,
1989.
2. Elementary Education
Dr. Macra Ann Brunson, Assistant Professor, an
additional $1,000 to teach an overload during the
spring semester, 1989.
Mr. Neill S. Hays, Part-time Assistant Professor, from
a salary of $1,235 for 25% time for the spring semester
1989, to a salary of $5,625 for 75% time for the spring
semester, 1989.
Ms. Charlotte 0. Kennemer, Part-time Instructor, from a
salary of $3,500 for 50% time to a salary of $5,500 for
100% time for the spring semester, 1989.
Dr. Robert F. Smith, Professor, an additional $1,000 to
teach an overload during the spring semester, 1989.
Dr. Wendall Spreadbury, Professor, an additional $1,000
to teach an overload during the spring semester, 1989.
3. English and Philosophy
Ms. Vickie DeMars, Part-time Instructor, from a salary
of $3,250 for 50% time to a salary of $4,350 for 75%
10
time, effective February 27, 1989. This is due to
illness of a full-time faculty member.
Ms. Mary Devine, Part-time Instructor, from a salary of
$3,500 for 50% time to a salary of $4,700 for 75% time,
effective February 27, 1989. This is due to illness of
a full-time faculty member.
Mr. Doug Dollar, Part-time Instructor, from a salary of
$3,250 for 50% time to a salary of $4,350 for 75% time,
effective February 27, 1989. This is due to illness of
a full-time faculty member.
Ms. Betty Haley, Part-time Instructor, from a salary of
$3,250 for 50% time to a salary of $4,350 for 75% time,
effective February 27, 1989. This is due to illness of
a full-time faculty member.
4. Library
Ms. Penelope Clark, from Library Assistant I in
Acquisitions at a salary of $9,441 for 100% time to
Library Assistant III in Special Collections at a
salary of $10,712 for 100% time for twelve months,
effective March 20, 1989.
5. Registrar
Ms. Glender Lynn Chatman, from Transcript Analyst at a
salary of $15,073 for 100% time to Assistant Registrar
at a salary of $17,500 for 100% time for twelve months,
effective April l, 1989.
6. Secondary Education
Dr. Charlene S. Crocker, Assistant Professor, an
additional $1,000 to teach an overload during the
spring semester, 1989.
Dr. Sherry Rulfs, Assistant Professor, an additional
$1,000 to teach an overload during the spring semester,
1989.
Dr. George S. Thompson, Professor, an additional $2,000
to teach an overload during the spring semester, 1989.
Ms. Paulette Wright, Lecturer, an additional $1,000 to
teach an overload during the spring semester, 1989.
7. Administrative and Fiscal Affairs
Ms. Cathy H. Allen from Employee Relations Counselor at
a salary of $17,425 for 100% time for twelve months to
Director of Personnel Services at a salary of $30,000
11
for 100% time for twelve months, effective March 13,
1989.
Ms. Marcielle L. Walker, from Interim Director of
Personnel Services at a salary of $30,000 for 100% time
for twelve months to Assistant Director of Personnel
Services at a salary of $23,657 for 100% time for
twelve months, effective March 13, 1989.
Mr. Wilbur M. Lee, from Interim Director of Purchasing
and Inventory at a salary of $32,000 for 100% time for
twelve months to Assistant Director of Inventory at a
salary of $24,603 for 100% time for twelve months,
effective March 13, 1989.
8. University Affairs
Ms. Michele Haddox, Hall Director III, from a salary of
$8,414 for nine months to Coordinator of Residence Life
at a salary of $21,000 for twelve months, effective
March 1, 1989.
89-56
Upon motion of Regent Haynes, seconded by Regent Windham,
with all members voting aye, it was ordered that the
following leaves of absence, without pay, be granted.
1. Physics and Astronomy
Dr. James Dennis, for the spring semester, 1990.
2. English and Philosophy
Dr. William Cozart, from April 12, 1989, through
May 31, 1989.
89-57
Upon motion of Regent Bryce, seconded by Regent Hile, with
all members voting aye, it was ordered that academic tenure
be awarded to the following individuals, effective fall
semester, 1989.
Dr. Betty Johnson, Administrative Services
Dr. Scott L. Bills, History
Dr. Billy Ray Long, Agriculture
Dr. Joe Bert Stine, Economics and Finance
Dr. Richard T. Shigley, Criminal Justice
Dr. Kristi Dixon-Bills, Elementary Education
Dr. Jack Ethridge, Accounting
Dr. Patrick Mueller, Criminal Justice
12
Dr. Sherry Rulfs, Secondary Education
Mr. Stan Bobo, Kinesiology and Health Science
Mr. Peter Lisieski, Art
Dr. Elizabeth Vaughan, Elementary Education
Dr. Walter Trikosko, Physics
Dr. Pamela Roberson, Mathematics and Statistics
Ms. Martha Turnage, Library
89-58
Upon motion of Regent Hile, seconded by Regent Bryce, with
all members voting aye, it was ordered that the following
individuals be granted promotion to the academic rank
indicated, effective fall semester, 1989.
To Professor:
Dr. Camille Price, Computer Science
Dr. Norman L. Markworth, Physics and Astronomy
Dr. William Joseph Oliver, Communication
Dr. James Corbin, Sociology
Dr. John Dahmus, History
Dr. Donald Gregory, Political Science and Geography
Dr. Lynnette K. Solomon, Economics and Finance
Dr. Michael Roach, Art
Dr. Carolyn B. Mitchell, Kinesiology and Health Science
To Associate Professor Emeritus!
Mr. Mel Montgomery, Music
To Associate Professor;
Dr. Scott L. Bills, History
Dr. Billy Ray Long, Agriculture
Mr. Peter Lisieski, Art
Dr. Charlene Crocker, Secondary Education
To Assistant Professor;
Dr. Kristi Dixon-Bills, Elementary Education
Dr. John Goodall, Music
Mr. M. Stan Bobo, Kinesiology and Health Science
Ms. Mary Jean Rudisill, Administrative Services
89-59
Upon motion of Regent Blake, seconded by Regent Jones, with
all members voting aye, it was ordered that the following
retirements be accepted.
13
1. Academic Affairs
Ms. Audrey Hillin, Assistant Registrar, effective
March 31, 1989.
2. Computer Center
Ms. Gay Ash, Programmer/Analyst II, effective March 31,
1989.
3. Administrative and Fiscal Affairs
Mr. Wilbur M. Lee, Assistant Director of Inventory,
effective March 31, 1989.
89-60
Upon motion of Regent Haynes, seconded by Regent
Christopher, with all members voting aye, it was ordered
that the following be awarded Regents Professorships for the
academic year 1989-90.
Dr. Lynnette K. Solomon, Economics and Finance
Dr. William Young, Music
89-61
Upon motion of Regent Blake, seconded by Regent Windham,
with all members voting aye, it was ordered that the faculty
workload report for the spring semester, 1989 be approved as
submitted.
89-62
Upon motion of Regent Bryce, seconded by Regent Christopher,
with all members voting aye, it was ordered that the 1989-90
General Bulletin be accepted.
89-63
Upon motion of Regent Hile, seconded by Regent Jones, with
all members voting aye, it was ordered that the Summer
Budget for 1989 totalling $1,966,258 be approved.
89-64
Upon motion of Regent Hile, seconded by Regent Jones, with
all members voting aye, it was ordered that the annual
financial certification be accepted.
14
89-65
Upon motion of Regent Christopher, seconded by Regent Jones,
with all members voting aye, it was ordered that the
administration be authorized to take bids, to be approved by
the Board of Regents, for replacement equipment and software
for the energy management system.
89-66
Upon motion of Regent Blake, seconded by Regent Jones, with
all members voting aye, it was ordered that the
administration be authorized to purchase the property at
1520 Baker Street for a purchase price not to exceed $37,000
and that the Chairman of the Board be authorized to sign the
purchase documents.
89-67
Upon motion of Regent Hile, seconded by Regent Blake, with
all members voting aye, it was ordered that the bid of
Bonner Roofing and Metal, Inc., in the amount of $137,460
for re-roofing Steen Library be approved and that the
Chairman of the Board be authorized to sign the contract.
(See page 18 for copy of contract.)
89-68
Upon motion of Regent Bryce, seconded by Regent Haynes, with
all members voting aye, it was ordered that the bid of
$170,051.00 from Moore Brothers, Lufkin, Texas, for the
repair of the coliseum parking lot be accepted and the
Chairman of the. Board be authorized to sign the contract.
(See page 28 for copy of contract.)
89-69
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that the Board of
Regents ratify action taken by the administration to accept
the combined low bid of $90,900 by Storer Equipment Company
of Shreveport, Louisiana, for the replacement chiller in
Hall 17 and installation.
15
89-70
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that the budget for
the replacement of the chiller in Hall 17 in the amount of
$113,300 be ratified.
89-71
Upon motion of Regent Blake, seconded by Regent Bryce, with
all members voting aye, it was ordered that the low bid of
J. E. Kingham, of Nacogdoches, be accepted and alternates 2,
4, and 5 be included in the contract for $910,550 for the
renovation of Wisely Hall and the Chairman of the Board be
authorized to sign the contract. (See page 38 for copy of
contract).
89-72
Upon motion of Regent Hile, seconded by Regent Bryce, with
all members voting aye, it was ordered that the budget for
the renovation of Wisely Hall be approved for $999,500.
89-73
Upon motion of Regent Haynes, seconded by Regent Hile, with
all members voting aye, it was ordered that the low bid of
ABCO Industries, Inc., of Abilene, Texas, of $43,068 for two
replacement boilers in the University Center be accepted and
the Chairman of the Board be authorized to sign the purchase
order.
89-74
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that the installation
of boilers, chillers, and related equipment for the
University Center be awarded to the low bidder, upon the
approval of the Chairman of the Board, and that the Chairman
be authorized to sign the contract.
89-75
Upon motion of Regent Windham, seconded by Regent Hile, with
all members voting aye, it was ordered that the low bid from
Merico Abatement Contractors, Inc. of Longview for the
removal of asbestos in the University Center for $71,175,
and the low bid from Certified Abatement Systems, Inc. of
Houston for the removal of asbestos in the University Center
Mechanical Room for $16,562 be accepted and that the
16
Chairman of the Board be authorized to sign the purchase
orders.
89-76
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that the engineering
firm of Schaumburg and Polk, Inc. be employed to prepare
plans for a storm sewer to be located between Raguet and
Lanana Creek running under East College Street in connection
with a sanitary sewer improvement proposed by the City of
Nacogdoches for the same area, and that the Chairman of the
Board be authorized to sign the contract.
89-77
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that the University
enter into an agreement with the City of Nacogdoches to
contract for a sanitary sewer and storm sewer improvement
project from Raguet Street to Lanana Creek running down East
College Street, and that the Chairman of the Board be
authorized to sign the agreement. (See page 49 for copy of
agreement.)
89-78
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that bids be taken
for the East College Storm Sewer project and that the
Chairman of the Board be authorized to sign the contract.
89-79
Upon motion of Regent Blake, seconded by Regent Haynes, with
all members voting aye, it was ordered that the agreement
with the T.L.L. Temple Foundation and Stephen F. Austin
State University Foundation, Incorporated be approved and
that the Chairman of the Board be authorized to sign the
agreement. (See page 61 for copy of agreement.)
89-80
Upon motion of Regent Hile, seconded by Regent Christopher,
with all members voting aye, it was ordered that the
Resolution honoring Ms. Willia Murphy Wooten be approved.
(See page 67 for Resolution.)
17
89-81
Upon motion of Regent Jones, seconded by Regent Blake, with
all members voting aye, it was ordered that the Resolution
honoring Mr. Lavoy Moore be approved. (See page 68 for
Resolution.)
89-82
Upon motion of Regent Wright, seconded by Regent Jones, with
all members voting aye, it was ordered that the Resolution
honoring Mr. A. Nelson Rusche be approved. (See page 69 for
Resolution.)
89-83
Upon motion of Regent Haynes, seconded by Regent Hile, with
all members voting aye, it was ordered that the Resolution
honoring Mr. M. M. Stripling be approved. (See page 70 for
Resolution.)
89-84
Upon motion of Regent Blake, seconded by Regent Jones, with
all members voting aye, it was ordered that a Resolution be
drafted honoring immediate past chairman of the Board of
Regents, Mr. Dan Haynes.
18
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
made of the Eighteenth day of April in the year of Nineteen Hundred and
Eighty Nine
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS 75962, acting here
through its Chairman
AND THE CONTRACTOR: BONNER ROOFING & METAL, INC.
509 LOCKE
LUFKIN, TEXAS 75901
THE PROJECT: RE-ROOFING - 1989
STEEN LIBRARY
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
404 PERRY BUILDING
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
19
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the
Contract (General, Uniform General, Supplementary and other Conditions),
the Drawings, the Specifications, all Addenda issued prior to and all
Modifications
issued after execution of this Agreement. These form the Contract, and
all are as fully a part of the Contract as if attached to this Agreement
or repeated herein. An enumeration of the Contract Documents appears
in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for
RE-ROOFING 1989
STEEN LIBRARY
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced at the date
to be established in the Notice to Proceed, and subject to authorized adjust
ments, Substantial Completion shall be achieved as follows:
Begin May 15, 1989 and fully complete the
project by July 19, 1989
20
The Contractor further agrees to pay as liquidated damages the sum of
$100.00 per day for each consecutive calendar day thereafter the work
remains unfinished as specified in "Supplementary Conditions" and in
"Proposal".
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance
of the Work, subject to additions and deductions by Change Order as
provided in the Contract Documents, the Contract sum of One Hundred
Thirty Seven Thousand Four Hundred Sixty and No/100 Dollars ($137,460.00)
out of current funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
The^Contract Sum is determined as follows:
BASE BID $ 137,460.00
CONTRACT AMOUNT $ 137,460.00
21
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the
Contractor and Certificates for Payment issued by the Architect, the
Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided in the Contract Documents for the period ending
the last day of the month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety percent (90$O of the portion of the Contract
Sum properly allocable to labor, materials and equipment incorporated
in the Work and Ninety percent (90?) of the portion of the Contract Sum
properly allocable to materials and equipment suitably stored at the site
or at some other location agreed upon in writing, for the period covered
by the Application for Payment, less the aggregate of previous payments
made by the Owner; and upon Substantial Completion of the entire work,
a sum sufficient to increase the total payments to Ninety (90$) of the
Contract Sum, less such amounts as the Architect shall determine for all
incomplete work and unsettled claims as provided in the Contract Documents,
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract
Sum, shall be paid by the Owner to the Contractor not later than thirty
days after the Work has been completed, the contract fully performed,
and a final Certificate for Payment has been issued by the Architect.
22
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions
of the Contract shall have the meanings designated in those conditions.
7*2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled
"RE-ROOFING - 1989
STEEN LIBRARY
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS"
Sheet and Section numbers as listed in Paragraph 1,1 of
"Supplementary Conditions" and the following:
2. This contract is to cover the General Contract work,
including related Mechanical Work, complete.
23
2. The said Drawings and each of ail said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General
Conditions" of the Contract is in conflict with this Agreement,
this Agreement shall control and govern.
3. The work called for and included in this Agreement is to be
subject to the observation of the Architect above named and his
determination of the true meaning and proper construction of the
Drawings and Specifications shall be considered as final,
4. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100? of Contract Price; on
form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contract shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and repay Owner
all outlay and expense which Owner may incur in making
good any default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and
materials save which persons shall have a direct
action against Contractor and the surety on his
bond, subject to Ownerfs priority.
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority
24
from the Secretary of the Treasury under the Act of Congress
Approved July 30, 1957, as Acceptable Sureties on Federal
Bonds" and within the Underwriting limitations listed
therein for any single risk.
Bond shall comply with requirements of all state laws; in
cluding those of Article 5160 Revised Civil Statues of
Texas, 1925, as amended by House Bill 3kkf Acts 56th
Legislature, Regular Session, 1959, effective April 27, 1959
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, con
forming to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employerfs
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance:
In an amount not less than $500,000.00 for injuries,
including personal injury or accidental death to any one
person, and in an amount not less than $500,000.00 on
account of one occurrence; Property Damage Insurance in
an amount not less than $300,000.00.
Comprehensive Auto Liability:
Bodily Injury Liability:
$500,000.00 - each person
$500,000.00 - each occurrence
Property Damage Liability:
$300,000.00 - each occurrence
25
c) Include Broad Form Property Damage Insurance. Remove
!lXCUft Exclusions (Explosion, collapse, underground
property damage). Include damage to underground wiring,
conduits, piping.
d) Contractual Liability Insurance: The Contractor shall
obtain at his expense Owner!s Protective Liability Insurance
Policy naming the Owner and the Architect/Engineer as
insured with the following limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
f) Comprehensive Castastrophic Liability Insurance (Umbrella
Liability) $1,000,000.00
g) Before commencement of operations hereunder, Contractor
shall furnish to the Architect, photostatic copies of the
above mentioned insurance policies, together with a
certificate from the insurance carrier that the insurance
will not be canceled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
26
7. Builder's Risk Insurance: The Contractor shall provide
Builder's Risk Insurance (Fire, extended coverage, vandalism
and malicious mischief) as specified on Page 6 of "Supplementary
Conditions" on a 100$ completed value basis in the names of the
Contractor, Subcontractors, Owner and Architect, as their
interests appear.
Subrogation: This insurance shall not be invalidated should
the named insured waive in writing prior to a loss any right
of recovered against any party for loss occurring to the property
described.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver
said improvements and premises, upon completion, to the Owner,
free and clear of all liens and claims for labor furnished or
materials used and other indebtedness whatsoever.
9. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor ^q.t^o.od
Materials TJt t
Total $ 137,460.00
Contractor hereby assigns to Owner any and all claims for overcharges
associated with this contract which arise under the antitrust laws of the
United States, 15 U.S.C.A. Sec. 1 et seq. (1973).
27
IN WITNESS WHEREOF, the parties of these presents have executed this
Contract in four (4) counterparts, each of which shall be deemed an original
in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
BY_
BONNER ROOFING & METAL, INC.
509 LOCKE
LUFKIN, TEXAS 75901
ADDRESS
SEAL
READ AND EXAMINED:
Secretary
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
10
28
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
made of the Twenty Sixth day of April in the year of Nineteen Hundred and
Eighty Nine
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS 75962, acting here
through its Chairman
AND THE CONTRACTOR: MOORE BROTHERS CONSTRUCTION CO., INC.
P. 0. BOX 35
LUFKIN, TEXAS 75901
THE PROJECT: COLISEUM PARKING.
RE-PAVING 19.89
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
H04 PERRY BUILDING
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
29
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the
Contract (General, Uniform General, Supplementary and other Conditions),
the Drawings, the Specifications, all Addenda issued prior to and all
Modifications
issued after execution of this Agreement. These form the Contract, and
all are as fully a part of the Contract as if attached to this Agreement
or repeated herein. An enumeration of the Contract Documents appears
in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for
COLISEUM PARKING
RE-PAVING 1989
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced at the date
to be established in the Notice to Proceed, and subject to authorized adjust
ments, Substantial Completion shall be achieved as follows:
Begin May 15, 1989 and fully complete the
project by July 28, 1989
30
The Contractor further agrees to pay as liquidated damages the sum of
$100.00 per day for each consecutive calendar day thereafter the work
remains unfinished as specified in "Supplementary Conditions" and in
"Proposal".
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance
of the Work, subject to additions and deductions by Change Order as
provided in the Contract Documents, the Contract sum of One Hundred
Seventy Thousand Fifty One and No/100 Dollars ($170,051.00)
out of current funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
+The Contract Sum is determined as follows:
BASE BID $ 157,007.00
ALTERNATE NO. 1 10,044.00
(Lime Treatment)
ALTERNATE NO. 2 3,000.00
(Paint Striping)
CONTRACT AMOUNT $ 170,051.00
31
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the
Contractor and Certificates for Payment issued by the Architect, the
Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided in the Contract Documents for the period ending
the last day of the month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety percent (90%) of the portion of the Contract
Sum properly allocable to labor, materials and equipment incorporated
in the Work and Ninety percent (90%) of the portion of the Contract Sum
properly allocable to materials and equipment suitably stored at the site
or at some other location agreed upon in writing, for the period covered
by the Application for Payment, less the aggregate of previous payments
made by the Owner; and upon Substantial Completion of the entire work,
a sum sufficient to increase the total payments to Ninety (90$) of the
Contract Sum, less such amounts as the Architect shall determine for all
incomplete work and unsettled claims as provided in the Contract Documents.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract
Sum, shall be paid by the Owner to the Contractor not later than thirty
days after the Work has been completed, the contract fully performed,
and a final Certificate for Payment has been issued by the Architect.
32
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions
of the Contract shall have the meanings designated in those conditions.
7.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
1. Drawings and Specifications entitled
"COLISEUM PARKING
RE-PAVING 1989
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS"
Sheet and Section numbers as listed in Paragraph 1.1 of
"Supplementary Conditions" and the following:
2. This contract is to cover the General Contract work,
including related Mechanical Work, complete.
33
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General
Conditions" of the Contract is in conflict with this Agreement,
this Agreement shall control and govern.
4. The work called for and included in this Agreement is to be
subject to the observation of the Architect above named and his
determination of the true meaning and proper construction of the
Drawings and Specifications shall be considered as final.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100? of Contract Price; on
form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contract shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and repay Owner
all outlay and expense which Owner may incur in making
good any default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and
materials save which persons shall have a direct
action against Contractor and the surety on his
bond, subject to Owner1s priority.
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority
34
from the Secretary of the Treasury under the Act of Congress
Approved July 30, 19571 as Acceptable Sureties on Federal
Bonds" and within the Underwriting limitations listed
therein for any single risk.
Bond shall comply with requirements of all state laws; in
cluding those of Article 5160 Revised Civil Statues of
Texas, 1925, as amended by House Bill 344, Acts 56th
Legislature, Regular Session, 1959, effective April 27, 1959
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, con
forming to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer1s
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance:
In an amount not less than $500,000.00 for injuries,
including personal injury or accidental death to any one
person, and in an amount not less than $500,000.00 on
account of one occurrence; Property Damage Insurance in
an amount not less than $300,000.00.
Comprehensive Auto Liability:
Bodily Injury Liability:
$500,000.00 - each person
$500,000.00 - each occurrence
Property Damage Liability:
$300,000.00 - each occurrence
35
c) Include Broad Form Property Damage Insurance. Remove
"XCU11 Exclusions (Explosion, collapse, underground
property damage). Include damage to underground wiring,
conduits, piping,
d) Contractual Liability Insurance: The Contractor shall
obtain at his expense Owner's Protective Liability Insurance
Policy naming the Owner and the Architect/Engineer as
insured with the following limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
f) Comprehensive Catastrophic Liability Insurance (Umbrella
Liability) $1f 000,000.00
g) Before commencement of operations hereunder, Contractor
shall furnish to the Architect, photostatic copies of the
above mentioned insurance policies, together with a
certificate from the insurance carrier that the insurance
will not be canceled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
36
7. Builder's Risk Insurance: The Contractor shall provide
Builder's Risk Insurance (Fire, extended coverage, vandalism
and malicious mischief) as specified on Page 6 of "Supplementary
Conditions" on a 100? completed value basis in the names of the
Contractor, Subcontractors, Owner and Architect, as their
interests appear.
Subrogation: This insurance shall not be invalidated should
the named insured waive in writing prior to a loss any right
of recovered against any party for loss occurring to the property
described,
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver
said improvements and premises, upon completion, to the Owner,
free and clear of all liens and claims for labor furnished or
materials used and other indebtedness whatsoever.
9. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor 15, <5Tb. <rb
Materials
Total $ 170,051.00
Contractor hereby assigns to Owner any and all claims for overcharges
associated with this contract which arise under the antitrust laws of the
United States, 15 U.S.C.A. Sec. 1 et seq. (1973).
37
IN WITNESS WHEREOF, the parties of these presents have executed this
Contract in four (4) counterparts, each of which shall be deemed an original
in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
BY_
BY /t^-^z-y c/j . M//l/.<t£
SEAL
s^>.
READ AND EXAMIN
MOORE BROTHERS CONSTRUCTION COMPANY
P. 0. BOX 35
LUFKIN, TEXAS 75901
ADDRESS
BY
(Hoofte yv/'ce - P*esi<}*+>r
Secretary.
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
10
38
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
made of the Twenty Sixth day of April in the year of Nineteen
Hundred and Eighty Nine
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS 75962, acting here
through its Chairman
AND THE CONTRACTOR: J.E. KINGHAM CONSTRUCTION COMPANY INC.
P.O. BOX 632
NACOGDOCHES, TEXAS 75963
THE PROJECT: ALTERATIONS -1989
WISELY HALL
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCH ITECT: M ARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
404 PERRY BUILDING
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
-1-
ARTICLE 1 39
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the
Contract (General, Uniform General, Supplementary and other Conditions),
the Drawings, the Specifications, all Addenda issued prior to and all
Modifications issued after execution of this Agreement. These form the
Contract, and ail are as fully a part of the Contract as if attached to this
Agreement or repeated herein. An enumeration of the Contract Documents
appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract
Documents for -
ALTERATIONS - 1989
WISELY HALL
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES.TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced at the
date to be established in the Notice to Proceed, and subject to authorized
adjustments, Substantial Completion shall be achieved as follows:
Begin May 15,1989 and fully complete the project by
January 1.1990.
-2-
40
The Contractor further agrees to pay as liquidated damages the sum of
$1000.00 per day for each consecutive calendar day thereafter the work
remains unfinished as specified in "Supplementary Conditions" and in
"Proposal".
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance
of the Work, subject to additions and deductions by Change Order as
provided in the Contract Documents, the Contract sum of Nine Hundred
Ten Thousand Five Hundred Fifty and no/100 ($910,550.00)
out of current funds available to the Owner for expenditure for the use
and benefit of Stephen F. Austin State University.
+The Contract Sum is determined as follows:
BASE BID $878,000.00
ALTERNATE NO. 2 + 6,000.00
(New Fixtures Toilet 129)
ALTERNATE NO. 4 + 4,300.00
(Additional electric plugs)
ALTERNATE NO. 5 + 22.250.00
(Ceramic Tile Bath Walls)
CONTRACT AMOUNT $910,550.00
-3-
41
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the
Contractor and Certificates for Payment issued by the Architect, the Owner
shall make progress payments on account of the Contract Sum to the
Contractor as provided in the Contract Documents for the period ending
the last day of the month as follows: K -
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety Five percent (95%) of the portion of the
Contract Sum properly allocable to labor, materials and equipment
incorporated in the Work and Ninety Five percent (95%) of the portion of
the Contract Sum properly allocable to materials and equipment suitably
stored at the site or at some other location agreed upon in writing, for the
period covered by the Application for Payment, less the aggregate of
previous payments made by the Owner; and upon Substantial Completion
of the entire work, a sum sufficient to increase the total payments to
Ninety Five (95%) of the Contract Sum, less such amounts as the Architect
shall determine for all incomplete work and unsettled claims as provided
in the Contract Documents.
-4-
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor not later than thirty days
after the Work has been completed, the contract fully performed, and a
final Certificate for Payment has been issued by the Architect.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions
of the Contract shall have the meanings designated in those
conditions.
7.2 The Contract Documents, which constitute the entire agreement
between the Owner and the Contractor, are listed in Article 1 and,
except for Modifications issued after execution of this Agreement,
are enumerated as follows:
1. Drawings and Project Manual entitled
"ALTERATIONS -1989
WISELY HALL
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS "
Sheet and Section numbers as listed in Paragraph 1.1
of "Supplementary Conditions" and the following:
2. This contract is to cover the General Contract Work,
including related Mechanical Work, complete.
-5-
3. The said Drawings and each of all said Specifications and 43
"General Conditions" are made part of this Agreement for all
intents and purposes, provided that if anything in the said
"General Conditions" of the Contract is in conflict with this
Agreement, this Agreement shall control and govern.
4. The work called for and included in this Agreement is to be
subject to the observation of the Architect above named
and his determination of the true meaning and proper
construction of the Drawings and Specifications shall be
considered as final.
5. The Contractor shall pay premium for and furnish
Performance Bond and Payment Bond in amount of 100%
of Contract Price; on form to be furnished by Architect, with
sureties acceptable to the Owner, conditioned:
1.) That Contractor shall faithfully perform his Contract and
fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and re-pay Owner
all outlay and expense which Owner may incur in
making good any default.
-6-
44
2.) That Contractor shall pay all persons who have contracts
directly with Contractor for labor and materials save
which persons shall have a direct action against
Contractor and the surely on his bond, subject to
Owner's priority.
Surety Companies shall be on approved list of U.S. Treasury
Department of "Companies holding Certificates of Authority^
from the Secretary of the Treasury under the Act of
Congress approved July 30,1957, as Acceptable Sureties on
Federal Bonds" and within the Underwriting limitations
listed therein for any single risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th
Legislature, Regular Session, 1959, effective April 27,1959.
6. The Contractor shall effect, pay for and maintain during the life
of this Contract insurance acceptable to the Owner, conforming to the
following schedule:
a) Compensation and Employers Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
-7-
45
b) Comprehensive General Liability Insurance:
In an amount not less than $1,000,000.00 combined
bodily injury and property damage, including personal
injury or accidental death to any one person.
Comprehensive Auto Liability:
Bodily Injury Liability:
$500,000.00 - each person s .^
$500,000.00 - each occurence
Property Damage Liability:
$300,000.00 - each occurence
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground property
damage). Include damage to underground wiring, conduits,
piping.
d) Contractual Liability Insurance: The Contractor shall
obtain at his expense Owner's Protective Liability Insurance
Policy naming the Owner and the Architect/Engineer as
insured with the following limits:
Bodily Injury and Property Damage: $1,000,000.00
e) Completed Operations: Continue coverage in force for
one year after completion of work.
-8-
46
f) Comprehensive Catastrophic Liability Insurance
(Umbrella Liability) $1,000,000.00
g) Before commencement of operations hereunder, Contractor
shall furnish to the Architect, photostatic copies of the
above mentioned insurance policies, together with a
certificate from the insurance carrier that the insurance
will not be canceled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The contractor shall provide Builder's
Risk Insurance (Fire, extended coverage, vandalism and malicious
mischief) as specified on Page 6 of "Supplementary Conditions" on a
100% completed value basis in the names of the Contractor,
Subcontractors, Owner and Architect, as their interests appear.
Subrogation: This insurance shall not be invalidated should the named
insured waive in writing prior to a loss any right of recovered against
any party for loss occuring to the property described.
8. The Contractor shall complete the several portions and the whole of the
work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free and
clear of all liens and claims for labor furnished or materials used and
other indebtness whatsoever.
-9-
47
9. For purposes of complying with the State of Texas Sales Tax, the
following is a division between labor and materials.
Labor
Materials
Total $910,550.00
Contractor hereby assigns to Owner any and all claims for overcharges
associated with this contract which arise under the anti-trust laws of the
United States, 15 U.S.C.A. Sec. 1 et seq. (1973).
-10-
IN WITNESS WHEREOF, the parties of these presents have 48
executed this Contract in four (4) counterparts, each of which shall be
deemed an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
BY
SEAL
RY f^jUUPlt/
J.E. KINGHAM CONSTRUCTION CO. INC.
P.O. BOX 632
NACOGDOCHES. TEXAS 7S963
ADDRESS
READ AND EXAMINED:
Secretary T ~^?7'-~0 7
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should attest.
If Contractor is corporation, Secretary should attest. Give proper title of
each person executing Contract.
49
Stephen F. Austin State University
P.O. Box 6214, SFA Station • (409) 568-4305
Nacogdoches, Texas 75962-6214
April 26, 1989
Office of the
General Counsel
Mr. Jarvis Ammons, City Manager 4
City of Nacogdoches
P.O. Box 630648
Nacogdoches, Texas 75963-0648 ^
Re: Agreement for Joint Construction Project - Sanitary Sewer
and Storm Sewer Improvements - East College Street
Dear Mr. Ammons:
This letter is offered as an agreement between Stephen F. Austin
State University (University) and the City of Nacogdoches (City)
to provide for the division of costs on the joint storm sewer-sanitary
sewer improvement project to be constructed on East
College Street from LaNana Creek to Raguet Street. The project
generally consists of the construction of a new sanitary sewer to
intercept flows from existing 10" and 12" sanitary sewers and the
construction of a new storm sewer system to collect surface storm
runoff along East College Street.
The costs of the project shall be allocated as follows:
The University shall pay—
1. Costs of storm sewer pipe, related excavations, pipe
installation, backfill, concrete street replacement, and
asphalt overlay.
2. Catch basins and junction boxes.
3. Rip-rap and other storm drainage related improvements at
LaNana Creek.
4. Any additional asphalt surface replacement or overlay
outside of trench area.
5. Proportionate share of engineering costs.
The City shall pay—
1. Costs of sanitary sewer pipe, related excavation, pipe
installation, backfill, concrete street replacement, and
asphalt overlay.
2. Manholes, cleanouts, and sanitary sewer tie-ins.
3. Proportionate share of engineering costs.
AN EQUAL OPPORTUNITY EMPLOYER
50
Mr. Jarvis Ammons, City Manager
Page 2
April 26, 1989
The method for arriving at each entity's construction cost shall
be based on the contractor's Monthly Estimate. The Monthly
Estimate shall reflect the Engineer's best judgment of the
proportion of actual costs and expenses attributable to the City
and the University, respectively. The form of the Monthly
Estimate shall be prepared by the Engineer and filled out by the
contractor, see Attachment 1. Also attached is a sample Bid
Proposal page, Bid Breakdown page, Sanitary/Storm Percentage
page, and a sample Sanitary/Storm percentage sketch. (Attachments
2 to 5) . In addition to filling in the Bid Proposal pagefs)^
(Attachment 2), the contractor will be required to complete a Bid
Breakdown page (Attachment 3) for each Bid item which is a
combination of sanitary and storm sewer improvements. The unit
prices provided in the Bid Breakdown will be used to determine
the respective Sanitary/Storm Percentage(s).
The cost of engineering services will be prorated to each entity
based on the ratio of the entity's share of costs to the total
costs.
It is understood that the City will advertise the project for
bids the latter part of April with construction to begin
approximately May 22, 1989. Construction should be finished on
or before September 1, 1989. The University and the City will
make payments for their respective shares of the construction
costs directly to the contractor upon submittal of requests for
payment from the contractor and after receipt of the Monthly
Estimate prepared by the Engineer. Also, the University will
make payments for their respective shares of the engineering
costs directly to the Engineer upon submittal of invoices showing
the division of costs.
As a part of this agreement, the University will grant an
easement to the City for the installation of the proposed
sanitary sewer from the intersection of existing sanitary sewers
at East College Street and Raguet Street traversing below East
College Street in an easterly direction to an existing sanitary
sewer at LaNana Creek. The term of such easement shall be for
only so long as the City of Nacogdoches or its successors use
such easement for either storm sewer or sanitary sewer purposes.
Further, the University and the City agree that it shall be the
duty and responsibility of the contractor of this project and all
of its subcontractors to be familiar and comply with all
requirements of Public Law 91-596, 29 U.S.C. Sec. 651 et seq. ,
the Occupational Safety and Health Act of 1970, (OSHA) and all
amendments thereto, and to enforce and comply with all of the
provisions of this Act. In addition, the contractor and all of
51
Mr. Jarvis Ammons, City Manager
Page 3
April 26, 1989
it subcontractors shall comply with all requirements of 29 C.F.R.
Sees. 1926.652 and 1926.653, OSHA Safety and Health Standards,
and all amendments thereto. (Attachment 6).
The University and the City agree that the successful low bidder
will submit a trenching plan to the City within fifteen (15) days
after bid opening. The plan will be approved and sealed by a
professional engineer registered in the State of Texas and
employed by the contractor. Receipt of the plan is prerequisite
to award of a contract. Failure to submit a plan as required
will result in forfeiture of the bid bond. The trenching plan
submitted by the contractor shall, as a minimum, comply with the
requirements of Sees. 1926.652 and 1926.653, OSHA Safety and
Health Standards. (Attachment 6).
It is expressly understood that the City and Stephen F. Austin
State University are agreeing to this joint construction in order
to mutually save time and expense. The City is letting bids and
construction contracts for all construction and Stephen F. Austin
State University is giving an easement and paying for a portion
of construction costs. Despite that arrangement, the City is not
assuming the duties of a contractor as to Stephen F. Austin State
University nor shall the City acquire or incur any liability or
responsibility to Stephen F. Austin State University beyond what
is specifically agreed in the Letter Agreement.
Should the above be acceptable to the City, please execute two
copies of this letter, retain one for the City, and return one
copy to my office.
Yours trul
Don Henry, Vi^fe President
Administrative & Fiscal Affairs
Stephen F. Austin State University
Approved:
Stephen F. Austin Stare University
Mr. Jarvis Aimons, City Manager
Page 4
April 26, 1989
Accepted:
52
/Jarvis Aminons, City Manager
City of Nacogdoches
Date'
Monthly Estimate For
City of Hacondoches - Sanitary Sewer/Stora Sewer
East College Street
>
>
n
- CAMni c
ATTACHMENT 2
54
Bid Proposal
For
City of Nacogdoches
Sanitary Sewer/Storm Sewer Improvements
• East College Street
i5fH!__?l!?!l!ity_ U^L_?!ffciptlon Unit Price Total Price
1 1150 L.F. 15" Sanitary Sewer
• . ' and 48" storm sewer
installed in trench ' .
under concrete and/or ^.^
• asphalt street, complete :
"in place, all depths, /
including embedment,
backfill, pavement .
.-.•■• removal/replacement,
& testing, all in
accordance with plans
' . & specifications for
One Hundred Hinefcv-
Three Dollars • .
& Seventy Cents . $193.70 $
Per Liner Foot • . "
- Sample Page -'
ATTACHMENT 3
55
Bid Breakdown
Bid Item 1'
City of Nacogdoches
Item Description
1 ' Excavation
Quantity Unit
3.8 C.Y.
Unit Price Amount
$20.00 $76.00
2 15" sanitary sewer
installed with
embedment & tested 1
3 48" sanitary sewer/ •
. installed with • . '
embedment • 1
4 Backfill, including
compaction 1 ;9
5 Pavement removal & v
replacement, including
sawcutting pavement- 1.7
L.F. $15.40
L.F.,- $40.60.
c:
s.-
$ 8.00
$27.35
$15.40
$40.60
$15.20
$46.50
Total (Must equal Unit Price of Bid Item 1) $193.70
- Sample Page -
ATTACHMENT 4 56
Sanitary/Storm Percentage
Bid Item 1
. City of Nacogdoches
Sanitary Sewer Cost-
Excavation = 1.3 C.Y. @ £20.^00 / C.Y. = "
15" Sanitary, sewer installed with
embedment & tested = 1 L.F. @ $15.40 / l.P.
Backfill, including compaction = 0.9 C.Y. @ $8 00/ C Y
Pavement removal & replacement »«.uu/. c.Y.
including sawcutting = 0.7 S.Y. <a $27.35/ S.Y.. =
Total' '.
Storm Sewer Cost- • . •
Excavation = 2.5 C.Y. @ $20.00 / c.y'. =
48 storm sewer installed with • •
embedment = 1 L.P. @ $40.60 / c.Y.. = : •
Backfill, including compaction .= i.O C.Y 8 $8 00/ r v
Pavement removal & replacement, $8t0(V- C*Y'
including sawcutting = 1.0 S.Y. @ $27.35/ s.Y. = •
Total
Percentages " ' .
Sanitary Sewer = $67.75 / ($67.75 + $125.'951 =
Storm Sewer = $125.95 / ($67.75 + $125.951 =
- Sample Page -
ATTACHMENT 5
East College
Street
57
Proposed
Storm Sewer
Proposed/
Sanitary Sewer
SANITARY/STORM PERCENTAGE
-m m BIO ITEM 1.:.
" CITY OF NACOGDOCHES
ATTACHMENT 6 58
Chapter XVU—Occupational Safety and Health Admin. §1926.652
81926.652 Specific trenching rt-qulrt-me
nig.
(a) Banks more than 5 feet high
shall be shored, laid back to a stable
slope, or some other equivalent means
of protection shall be provided where
employees may be exposed to moving
ground or cave-Ins. Refer to Table P-l
as a guide In sloping of banks. Trench
es less than 5 feet In depth shall also
be effectively protected when exami
nation of the gr9und Indicates hazard
ous ground movement may be expect
ed.
(b) Sides of trenches In unstable or
soft material, 5 feet or more in depth,
shall be shored, sheeted, braced,
sloped, or otherwise supported by
means of sufficient strength to protect
the employees working within them.
See Tables P-l, P-2 (following para-graph
(g) of this section).
(c) Sides of trenches in hard or com
pact soil, including embankments,
shall be shored or otherwise supported
when the trench is more than 5 feet in
, depth and 8 feet or more in length. In
.lieu of shorlns. the sides of the trench
above the 5-foot level may be sloped to
preclude collapse, but shall not be
sleeper than a 1-foot rise to each S-foot
horizontal. When the outside di
ameter of a pipe Is greater than 6 feet,
a bench of 4-foot minimum shall be
provided at the toe of the sloped por
tion.
(d) Materials used for sheeting and
sheet piling, bracing, shoring, and un
derpinning, shall be in good servicea
ble condition, and timbers used shall
be sound and free from large or loose
knots, and shall be designed and In
stalled so as to be effective to the
bottom of the excavation.
Ce) Additional precautions by way of
shoring and bracing shall be taken to
prevent slides or cave-ins when excava-tlons
or trenches are made In locations
adjacent to backfilled excavations, or
where excavations are subjected to vi
brations from railroad or highway
traffic, the operation of machinery, or
any bther source. • - - ••
Hi Employees entering bell-bottom
pier holes shall be protected by the In
stallation of a removable-type casing
of sufficient strength to resist shifting
of the surrounding earth. Such tempo
rary protection shall be provided for
the full depth of that part of each pier
hole which Is above the bell. A lifeline,
suitable for Instant rescue and secure
ly fastened to a shoulder harness,
shall be worn by each employee enter
ing the shafts. This lifeline shall be in
dividually manned and separate from
any line used to remove materials ex
cavated from the bell footing.
(g)(l) Minimum requirements for
trench timbering shall be In accord
ance with Table P-2.
(2) Braces and diagonal shores In a
wood shoring system shall not be sub
jected to compressive stress in excess
of values given by the following for
mula:
S\220L/D
Maximum ratio L/D**$0
Where
in Length, unsupported, in inches.
0=Least side of the Umber In Inches.
5«Allovablc stress In pounds per square
Inch of cross-section.
59
§ 1926.653
(h) When employees are required to
be In trenches 4 feet deep or more, an
adequate means of exit, such as a
ladder or steps, shall be provided and
located so as to require no more than
25 feet of lateral travel.
(i) Bracing or shoring of trenches
shall be carried along with the excava
tion.
(J) Cross braces or trench Jacks shall
be placed in true horizontal position,
be spaced vertically, and be secured to
prevent sliding, falling, or klckouts. .
(k) Portable trench boxes or sliding
trench shields may be used for the
protection of personnel in lieu of a
shoring system or sloping. Where such
trench boxes or shields are used, they
shall be designed, constructed, and
• maintained In a majmer which will
provide protection equal to or greater
than the sheeting or shoring required
for the trench.
(1) Backfilling and removal of trench
supports shall progress together from
the bottom of the trench. Jacks or
braces shall be released slowly and. In
unstable soil, ropes shall be used to
pull out the jacks or braces from
above after employees have cleared
the trench.
§1926.653 Definitioni applicable to this
subpart.
(a) "Accepted engineering require
ments (or practices)**—Those require
ments or practices which are compati
ble with standards required by a regis-tered
architect, a registered profes
sional engineer, or other duly licensed
or recognized authority.
(b) "Angle of repose"—The greatest
angle above the horizontal plane at
which a material will lie without slid
ing.
(c) -Bank"—A mass of soil rising
above a digging level.
(d) "Belled excavation1*—A part of a
shaft or footing excavation, usually
near the bottom and bell-shaped; i.e..
an enlargement of the cross section
above.
;(e) "Braces (trench)"—The horizon-talNrmembers
of the shoring system
•whcjse ends bear against the uprights
or springers.
; (f) "Excavation"-Any manmade
cavjty or depression In the earth's sur
face. Including Its sides, walls, or faces.
Tiffe 29—Labor
formed by earth removal and produc
ing unsupported earth conditions by
reasons of the excavation. If Installed
forms or similar structures reduce the
depth-to-width relationship, an exca
vation may become a trench.
(g) "Faces"-See paragraph (k) of
this section.
(h) i#Hard compact soir-All earth
materials not classified as running or
unstable.
(I) "Kickouts"—Accidental release or
failure of a shore or brace.
(J) "Sheet pile"-A pile, or sheeting,
that may form one of a continuous in
terlocking line, or a row of timber,
concrete, or steel piles, driven in close
contact to provide a tight wall to resist
the lateral pressure of water, adjacent
earth, or other materials.
(k) "Sides". "Walls", or "Faces"-
The vertical or Inclined earth surfaces
formed as a result of excavation work.
(1) "Slope"-The angle with the
horizontal at which a particular earth
material will stand indefinitely with
out movement.
<m) "Stringers" (w&les)—The hori
zontal members of a shoring system
whose sides bear against the uprights
or earth.
(n) "Trench"—A narrow excavation
made below the surface of the ground.
In general, the depth is greater than
the width, but the width of a trench is
not greater than 15 feet.
(o) "Trench Jack"-Screw or hydrau
lic type Jacks used as cross bracing in a
trench shoring system.
(p) "Trench shJeld"-A shoring
system composed of steel plates and
bracing, welded or bolted together,
which support the walls of a trench
from the ground level to the trench
bottom and which can be moved along
as work progresses.
(q) "Unstable soil"—Earth material,
other than running, that because of its
nature or the influence of related con
ditions, cannot be depended upon to
remain in place without extra support,
such as would be furnished by a
system of shoring. •
(r) "Uprights"-The vertical mem-bers
of a shoring system. ■ :
(s) "Wales"—See paragraph (m) of
this section.
(t) "Walls"—See paragraph (k) of
this section.
§ 1926-652
Title 29—Labor Chapf.r XVII—Occopallonal Saf.ly and Health Admin.
§1*
APPROXIMATE ANGLE OF REPOSE
FOR SLOPINO OF SIDES OF EXCAVATIONS
-co
61
AGREEMENT ESTABLISHING THE TEMPLE CHATR TN FORESTRY
TN THE SCHOOL OF FORESTRY AT
STEPHEN F. AUSTIN STATE UNIVERSITY
Recognizing the significant educational opportunities and academic
benefits which are and will be provided to persons by Stephen F.
Austin State University at Nacogdoches, Texas, herein, called
"UNIVERSITY," and particularly in its School of Forestry, and to help
provide these benefits, the T.L.L. Temple Foundation is making a
Grant to the Stephen F. Austin State University Foundation,
Incorporated, herein called "FOUNDATION," in the amount of
$1,000,000 to provide an endowment fund to establish the Temple
Chair at Stephen F. Austin State University. This Grant is based upon
the joint application filed with the Temple Foundation by the
UNIVERSITY, and FOUNDATION, which FOUNDATION was created and
operates for educational purposes under Section 501 (c)(3) of the
Internal Revenue Code of the United States, and exclusively for the
benefit of Stephen F. Austin State University within the meaning of
Section 170(b)(l)(A)(iv) of the Internal Revenue Code.
Pursuant to the joint request of the UNIVERSITY and the
FOUNDATION, the funds in the amount of $1,000,000 are being paid
to the FOUNDATION as an Endowment Fund. The principal amount
shall be invested by the FOUNDATION and the income, such as
dividends and interest, shall be used solely and only to fund a salary
supplement and operating expenses of the Temple Chair in Forestry
at the UNIVERSITY. This includes, but is not limited to, such items as
a salary supplementation above regular faculty salary in order to
attract the highest qualified person; research associates or graduate
student stipends; research operating expenses including travel,
equipment, publications and personnel services; seminars and short-courses
on forestry; and guest lecturers. The principal Grant, the
increases in value and any capital gains resulting from sales or
exchanges shall constitute principal of the Endowment Fund and shall
not be used for operations.
1. The Temple Chair will be held by a regular member of the
faculty of the UNIVERSITY and School of Forestry and shall
enjoy all of the rights and responsibilities of regular faculty
membership and who:
62
1.1. has outstanding and superior professional and academic
credentials and stature that is recognized nationally as well as
internationally;
1.2 because of outstanding professional and academic stature, will
attract and develop the young men and women who will be
tomorrow's teachers, business, professional and governmental
leaders;
1.3 will devote a reasonable portion of his/her time to teaching at
the UNIVERSITY and School of Forestry;
1.4 has the ability and experience to work in consonance with th$
business, professional and governmental leaders of Texas and "
the Nation beyond the academic realm;
1.5 has a reasonable period remaining in his/her professional
career to ensure continuing high-level contributions; and,
1.6 has an outstanding reputation in the business, professional,
governmental, and academic communities.
2. T.L.L. Temple, in whose honor the T.L.L. Temple Foundation
was created, was one of the pioneers in Texas in believing and
practicing the concepts of forest regeneration and multiple use
of forest resources. It is the desire of the Temple Foundation
that this Chair will help to implement, enlarge upon and refine
these concepts in order that the forest of East Texas may be as
great a benefit as is possible for all of the citizens. All of the
parties to this agreement envision that this Chair in Forestry at
the UNIVERSITY will be used in an effort to accomplish the
following general goals and objectives:
2.1 Creates a focal point for in-depth research, accumulation of
factual data and making recommendations in all aspects of
forestry and the various forces impacting forest use in East
Texas;
2.2 Supporting studies in such areas as environmental concerns,
consumption of timber and timber products for industrial uses,
multiple uses of the forests, and enjoyment of the forests for
hunting, fishing and other recreational purposes;
63
2.3 Studies of the impact of legal, social and economic activities and
demands affecting the forests, including laws, regulations, court
decisions and other pertinent matters;
2.4 Through research, study and/or testing and the accumulation
of factual data and information to be able to make reliable
recommendations in all of the areas contemplated by the
establishment of this Chair;
2.5 In making recommendations as mentioned in the foregoing
sub-paragraphs, to articulate both the reasons for, and/or
against each and every recommendation, as may be
appropriate, and perhaps suggesting alternative means and ^.
methods for accomplishing a single purpose;
2.6 To always carry out the purposes of the creation of this Chair in
a fair, impartial, factual and reliable method contributing to the
maximum beneficial use of the forests for all of the citizens of
East Texas, and by so doing gain stature as a non-partisan
effort producing reliable data that may be safely relied upon
by persons in all walks of life; and,
2.7 to contribute to the excellence in research and teaching in the
School of Forestry and the UNIVERSITY.
2.8 To strive continually to enhance the credibility and need for
professional expertise in the long-term management of forest
resources.
3. The FOUNDATION accepts the Grant of $1,000,000 subject to all
of the terms and conditions herein and will faithfully perform
its duties as herein specified and as defined in a separate
agreement between it and the University. Attached hereto as
Exhibit "A" is a certified copy of that agreement.
4. The UNIVERSITY agrees to take any and all actions necessary
and proper in order to create, support and implement the
Temple Chair in Forestry in the School of Forestry of Stephen F.
Austin State University, and will operate such Chair in Forestry
as herein described. Attached hereto as Exhibit "B" is a
certified copy of a Resolution enacted by the Board of Regents
of the UNIVERSITY authorizing execution hereof.
64
This is an absolute gift by the T.L.L. Temple Foundation, and
the Foundation does not reserve and shall not have any right to
in any matter control or attempt to control any of the
operations of such Chair in Forestry. The UNIVERSITY, through
its proper actions and personnel, shall have the full and
exclusive power and authority to establish, operate and control
such Chair in Forestry, but in accordance with the principles
hereof. The managing and investing of the endowment fund
shall be under the full power and authority of the
FOUNDATION, acting through its proper officials and as agreed
between it and the UNIVERSITY.
All endowment earnings will be made available to the v_
University in a timely and consistent manner in order to
maintain a continuing source of support for the Temple Chair in
Forestry.
The T.L.L. Temple Foundation, upon request to the
UNIVERSITY, will be furnished full reports upon the operation
of the Temple Chair in Forestry and receive copies of any and
all papers and publications issued to the public by the
UNIVERSITY as developed by the Chair in Forestry.
EXECUTED THIS DAY OF
STEPHEN F. AUSTIN STATE
UNIVERSITY
, 1989.
STEPHEN F. AUSTIN STATE
UNIVERSITY FOUNDATION, INC.
BY
VVl. Wright, Chairman A. Lavoy Moore
Board of Regents
65
T.L.L. TEMPLE FOUNDATION
Arthur"Temple, Chairman
Approved as to form:
Robert Provan, Legal Counsel
Stephen F. Austin State University
STEPHEN F. AUSTIN STATE UNIVERSITY 66
Nacogdoches, Texas
AGREEMENT FOR USE OF UNIVERSITY FACILITIES BY THE
STEPHEN F. AUSTIN STATE UNIVERSITY
FOUNDATION, INC.
This agreement between Stephen F. Austin State University and the Stephen F. Austin
State University Foundation, Inc. will become effective July 22 , 1985, and
will renew automatically each year thereafter until notice of termination is given
in writing by either party to the other with at least thirty (30) days of advance
notice. However, arrangements for modifications in the agreement may be worked
out by mutual consent.
I.
SERVICES PROVIDED BY STEPHEN F. AUSTIN STATE UNIVERSITY
FOUNDATION, INC.
The Stephen F. Austin State University Foundation, Inc. agrees:
1. To provide scholarship funds for students at SFASU;
2. To. solicit and maintain endowment funds for academic excellence and achievement
at SFASU;
3. To solicit and maintain funds for operational development expenses of the
University;
4. To develop special program funding for University sponsored proposals or
projects through private contributions;
5. To provide record maintenance and enhancement of donor lists;
6. To develop, maintain, and record management agreements between private donors
and SFASU.
II.
SERVICES PROVIDED BY STEPHEN F. AUSTIN STATE UNIVERSITY
Stephen F. Austin State University agrees:
1. To provide office space and office equipment;
2. To provide telephone service;
3. To provide utilities;
4. To provide parking space for officers and employees of the SFASU Foundation,
Inc.;
5* To provide custodial services.
SIGNED
Chairman, Board of Regents
Stephen F. Austin State University
fx J / Q,,J/j//
g ^jfoird of Directors//; ~ /) j /7J / /
Stephen F. Austin State University Foundation, Inc. "
67
BOARD OF REGENTS
OF
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, Texas
April 26,1989
WILLIA MURPHY WOOTEN: RESOLUTION OF APPRECIATION
WHEREAS, Willia Murphy Wooten, who received a Master of Education degree from
Stephen F. Austin State University in 1978, has established a reputation as an outstanding teacher and
public school administrator;
WHEREAS, the Governor of the State of Texas appointed Ms. Wooten to the Board of
Regents in 1983;
WHEREAS, Ms. Wooten was the first African-American to serve on the Board;
WHEREAS, Ms. Wooten has represented and supported the University in innumerable
ways; and
WHEREAS, Ms. Wooten's term on the Board expired in January, 1989;
NOW THEREFORE BE IT RESOLVED by the Board of Regents of Stephen F.
Austin State University, in meeting assembled this twenty-sixth day of April, 1989, that appreciation be
expressed to Ms. Wooten for her outstanding service and that best wishes be extended to her in her future
endeavors; and
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the
minutes of the Board meeting and that a copy be presented to Ms. Wooten.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Peggy W. Wright, Chairman Roy Blake
Kelly Jones, Vice Chairman Homer Bryce
Larry J. Christopher
Dan Haynes
Attest:
Richard C. Hile
Don L. Henry, Secretary to the Board James M. Windham, Jr.
68
BOARD OF REGENTS
OF
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, Texas
April 26,1989
A. LAVOY MOORE: RESOLUTION OF APPRECIATION
WHEREAS, A. Lavoy Moore, a native of Nacogdoches who attended Stephen F. Austin
State Teachers College (now University), established, and continues to operate, a highly successful
business;
WHEREAS, Mr. Moore, as a businessman and civic leader has for many years made
important contributions in both his local community and the region;
WHEREAS, in 1986, the Governor of the State of Texas appointed Mr. Moore to the
Board of Regents of Stephen F. Austin State University;
WHEREAS, Mr. Moore served as Vice Chairman of the Board in 1987-89;
WHEREAS, Mr. Moore has been an effective spokesman for and supporter of the
University for many years; and
WHEREAS, Mr. Moore's term on the Board expired in January, 1989;
NOW THEREFORE BE IT RESOLVED by the Board of Regents of Stephen F.
Austin State University, in meeting assembled this twenty-sixth day of April, 1989, that appreciation be
expressed to Mr. Moore for his outstanding service and that best wishes be extended to him in his future
endeavors; and
BE IT FURTHER RESOLVED that a copy of this resolution oe spread upon the
minutes of the Board meeting and that a copy be presented to Mr. Moore. f
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Peggy W. Wright, Chairman Roy Blake
Kelly Jones, Vice Chairman Homer Bryce
Larry J. Christopher
Dan Haynes
Attest:
Richard C. Hile
Don L. Henry, Secretary to the Board James M. Windham, Jr.
69
BOARD OF REGENTS
OF
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, Texas
April 26,1989
A. NELSON RUSCHE: RESOLUTION OF APPRECIATION
WHEREAS, A. Nelson Rusche, a 1949 graduate with a Bachelor of Business
Administration degree from Stephen F. Austin State College (now University), has had an eminently
successful business career and served his community in numerous capacities;
WHEREAS, the Governor of the State of Texas appointed Mr. Rusche to the Board of
Regents of his alma mater in 1985;
WHEREAS, Mr. Rusche has demonstrated his devotion to the well-being of the
University on many occasions and in many ways; and
WHEREAS, Mr. Rusche's term on the Board expired in January, 1989;
NOW THEREFORE BE IT RESOLVED by the Board of Regents of Stephen F.
Austin State University, in meeting assembled this twenty-sixth day of April, 1989, that appreciation be
expressed to Mr. Rusche for his outstanding service and that best wishes be extended to him in his future
endeavors; and
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the
minutes of the Board meeting and that a copy be presented to Mr. Rusche.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Peggy W. Wright, Chairman Roy Blake
Kelly Jones, Vice Chairman Homer Bryce
Larry J. Christopher
Dan Haynes
Attest:
Richard C. Hile
Don L. Henry, Secretary to the Board James M. Windham, Jr.
70
BOARD OF REGENTS
OF
STEPHEN F. AUSTIN STATE UNIVERSITY
Nacogdoches, Texas
April 26,1989
M. M. STRIPLING: RESOLUTION OF APPRECIATION
WHEREAS, M. M. (Mack) Stripling, a 1933 graduate with a Bachelor of Arts degree
from Stephen F. Austin State Teachers College (now University), has long provided leadership to his native
Nacogdoches and East Texas through his professional and civic activities;
WHEREAS, in 1986 the Governor of the State of Texas appointed Mr. Stripling to the
Board of Regents of his alma mater;
WHEREAS, Mr. Stripling's service on the Board of Regents represented only the most
recent of the long term support he has provided the University;
WHEREAS, Mr. Stripling found it necessary to resign his position on the Board in
1989; and
WHEREAS, Mr. Stripling has indicated his willingness to continue his support to the
University in the future;
NOW THEREFORE BE IT RESOLVED by the Board of Regents of Stephen F.
Austin State University, in meeting assembled this twenty-sixth day of April, 1989, that appreciation be
expressed to Mr. Stripling for his outstanding service and that best wishes be extended to him in his future
endeavors; and
BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the
minutes of the Board meeting and that a copy be presented to Mr. Stripling.
THE BOARD OF REGENTS, STEPHEN F. AUSTIN STATE UNIVERSITY
Peggy W. Wright, Chairman Roy Blake
Kelly Jones, Vice Chairman Homer Bryce
Larry J. Christopher
Dan Haynes
Attest:
Richard C. Hile
Don L. Henry, Secretary to the Board James M. Windham, Jr.

Click tabs to swap between content that is broken into logical sections.

This item may be protected under Title 17 of the U.S. Copyright Law. It is available for non-commercial research and education. For permission to publish or reproduce, please contact the East Texas Research Center at asketrc@sfasu.edu

Transcript

Stephen F. Austin
State University
Minutes of the
Board of Regents
Nacogdoches, Texas
April 26,1989
Volume 92
INDEX
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT NACOGDOCHES, TEXAS
April 26, 1989
Page
89-48 Election of Chairman, Vice Chairman
and Secretary of the Board of Regents l
89-49 Approval of the Minutes of the Meeting
of January 24, 1989 1
89-50 Approval of the Minutes of the Meeting
of February 27, 1989, as Corrected l
89-51 Acceptance of the Policy and Procedure
Manual and Authorization for Distri
bution .... 1
89-52 Authorization for Attorney General
of Texas to Sue Variety Productions,
Inc 1
89-53 Approval of Faculty Staff Appointments
for FY 1988-89 1
89-54 Approval of Faculty Staff Appointments
for FY 1989-90 8
89-55 Approval of Changes of Status 9
89-56 Approval of Leaves of Absence
Without Pay 11
89-57 Award of Academic Tenure Effective
with the Fall Semester, 1989 11
89-58 Approval of Academic Promotions 12
89-59 Acceptance of Retirements 12
89-60 Award of Regents Professorships for
the Academic Year 1989-90 13
89-61 Approval of Faculty Workload Report
for Spring Semester, 1989 13
89-62 Acceptance of 1989-90 General Bulletin 13
89-63 Approval of Summer Budget for 1989 13
89-64 Acceptance of Annual Financial Certification .. 13
89-65 Authorization for Administration to Take
Bids to be Approved by Board for Replacement
Equipment and Software for Energy Management
System 14
89-66 Authorization to Purchase Property at
1520 Baker Street 14
89-67 Approval of Contract for Re-roofing
Steen Library 14
89-68 Approval of Contract for Repair of
Coliseum Parking Lot 14
89-69 Ratification of Action Taken by Admin
istration to Replace Chiller in Hall 17 14
89-70 Ratification of Budget for Replace
ment of Chiller in Hall 17 15
89-71 Approval of Contract for Renovation
of Wisely Hall 15
89-72 Approval of Budget for Renovation of
Wisely Hall 15
89-73 Approval of Purchase Order for Replace
ment Boilers in University Center 15
89-74 Approval to Award Contract to Low
Bidder, with Chairman Signature, for
Installation of Boilers, Chillers, and
Related Equipment for University Center 15
89-75 Approval of Purchase Orders for Removal
of Asbestos in University Center and
University Center Mechanical Room 15
89-76 Authorization to Employ Engineer for Joint
Project with City of Nacogdoches for
Sanitary Sewer Improvement 16
89-77 Approval of Agreement Between SFASU and
the City of Nacogdoches to Contract for
Sanitary Sewer and Storm Sewer Improve
ment Pro j ect 16
89-78 Authorization to Seek Bids for East
College Storm Sewer Project With Chairman
Authorized to Sign Contract 16
89-79 Approval to Accept Agreement between T.L.L.
Temple Foundation and Stephen F. Austin
State University Foundation, Incorporated 16
89-80 Approval of Resolution Honoring
Ms Willia Murphy Wooten 16
89-81 Approval of Resolution Honoring
Mr. Lavoy Moore 17
89-82 Approval of Resolution Honoring
Mr. A. Nelson Rusche 17
89-83 Approval of Resolution Honoring
Mr. M. M. Stripling 17
89-84 Approval to Draft a Resolution Honoring
Immediate Past-Chairman, Mr. Dan Haynes 17
Contract for Re-Roofing Steen Library 18
Contract for Coliseum Parking Re-Paving 28
Contract for Wisely Hall Alterations-1989 38
Agreement for Joint Construction Project
Sanitary Sewer and Storm Sewer Improvements
on East College Street between the City of
Nacogdoches and Stephen F. Austin State
University 49
Agreement Establishing Temple Chair in
Forestry 61
Resolution Honoring Willia Murphy Wooten 67
Resolution Honoring A. Lavoy Moore 68
Resolution Honoring A. Nelson Rusche 69
Resolution Honoring M. M. Stripling 70
MINUTES OF THE MEETING
BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
HELD AT NACOGDOCHES, TEXAS
April 26, 1989
The meeting was called to order by Mr. Dan Haynes, Chairman
of the Board of Regents, at 9:00 a.m., April 26, 1989.
REGENTS
PRESENT:
STAFF
PRESENT:
VISITORS
Senator Roy M. Blake of Nacogdoches
Mr. Homer Bryce of Henderson
Mr
Mr
Mr
Mr
Mr
Ms
Dr
Mr
Dr
Dr
Dr
Dr
Ms
Ms
Mr
Ms
Dr
Ms
Mr
Larry Jay Christopher of Crockett
Dan Haynes of Burnet
Richard Hile of Jasper
Kelly Jones of Arlington
James M. Windham, Jr. of Houston
Peggy Wedgeworth Wright of Nacogdoches
. William R. Johnson, President
. Don L. Henry, Vice President for
Administrative and Fiscal Affairs
. Baker Pattillo, Vice President for
University Affairs
. Robert J. Provan, General Counsel
. James V. Reese, Vice President for
Academic Affairs
. Nancy Speck, Vice President for University
Advancement
. Lucy Stringer, Assistant to the President
and Editor of University Publications
. Jennifer Brooks, President, Student
Government Association
. Kevin McCarley, Editor, Pine Log
. Marilyn Abegg, Assistant to the Vice
President for University Advancement
. Norman Markworth, Chairman, Faculty Senate
. Donna McCollum, KTRE-TV
. Ted Bowen, Chairman, SFASU Board of
Trustees
89-48
Upon motion of Regent Bryce, seconded by Regent Hile, with
all members voting aye, it was ordered that Regent Wright be
elected Chairman, Regent Jones be elected Vice Chairman, and
Mr. Don L. Henry be elected Secretary of the Board of
Regents for Stephen F. Austin State University.
89-49
Upon motion of Regent Bryce, seconded by Regent Jones, with
all members voting aye, it was ordered that the minutes of
the meeting of January 24, 1989, be approved.
89-50
Upon motion of Regent Bryce, seconded by Regent Jones, with
all members voting aye, it was ordered that the minutes of
the meeting of February 27, 1989, be approved as corrected.
89-51
Upon motion of Regent Windham, seconded by Regent Jones,
with all members voting aye, it was ordered that the Board
of Regents officially accept the Policy and Procedure Manual
and authorize its distribution.
89-52
Upon motion of Regent Christopher, seconded by Regent Hile
with all members voting aye, it was ordered that the
Attorney General of Texas be authorized to sue Variety
Productions, Inc. for the recovery of $10,744.96 for
itemized expenses pursuant to its agreement for the
cancelled performance of Bob Hope and Julie Budd on
November 20, 1989.
89-53
Upon recommendation of Regent Blake, seconded by Regent
Bryce, with all members voting aye, it was ordered that the
following appointments be approved:
1. Accounting
Mr. Bertin E. Howard, Part-time Instructor, at a salary
of $2,000 for 25% time for the spring semester, 1989.
2. Administrative Services
Ms. Vicki A. David, Part-time Instructor, at a salary
of $1,500 for 25% time for the spring semester, 1989.
Ms. Nancy J. Engman, Part-time Instructor, at a salary
of $4,500 for 75% time for the spring semester, 1989.
Ms. June Nelson Zindler, Part-time Instructor, at a
salary of $3,000 for 50% time for the spring semester.
1989.
3. Art
Mr. Harry C. Schwarz, Part-time Instructor, 38, M.F.A.
(Southern Illinois University), at a salary of $1,800
for 67% time for six weeks during the spring semester,
1989, to cover classes for a regular faculty member on
sick leave.
4. Communication
Dr. R. John Butts, Part-time Professor, at a salary of
$18,150 for 50% time for 9 months.
Mr. Steve Richard Jennings, Lecturer, at a salary of
$4,500 for 75% time for the spring semester, 1989.
Mr. Kenneth Kennemer, Part-time Instructor, at a salary
of $1,830 for 25% time for the spring semester, 1989.
5. Computer Science
Ms. Gail Jeane Leslie, Lecturer, 38, M.S. (Stephen F.
Austin State University), at a salary of $12,500 for
100% time for the spring semester, 1989.
6. Counseling and Special Educational Programs
Ms. Loree Jean Krenzke, Lecturer, 32, M.S. (Lamar
University), at a salary of $1,500 for 25% time for the
spring semester, 1989.
Ms. Melissa Pool, Part-time Instructor, 28, M.S.
(Baylor University), at a salary of $1,219 for 25% time
for the spring semester, 1989.
7. Criminal Justice
Mr. John Daniel Norton, Part-time Instructor, at a
salary of $1,750 for 25% time for the spring semester,
1989.
Mr. Walter Hayes Scalen, Part-time Instructor, at a
salary of $3,000 for 50% time for the spring semester,
1989.
8. Economics and Finance
Mr. Danny Gallant, Part-time Instructor, at a salary of
$1,500 for 25% time for the spring semester, 1989.
Mr. William Jake Lyon, Part-time Instructor, at a
salary of $1,750 for 25% time for the spring semester,
1989.
9. Elementary Education
Ms. Marilyn Joyce Barton, Part-time Instructor, 56,
M.Ed. (Stephen F. Austin State University), at a salary
of $4,000 for 100% time for the spring semester, 1989.
Ms. Katherine Rae Wynn, Part-time Instructor, at a
salary of $1,000 for 25% time for the spring semester,
1989.
10. English and Philosophy
Ms. Sylvia Bierschenk, Part-time Instructor, at a
salary of $3,250 for 50% time for the spring semester,
1989.
Dr. Royce Burton, Part-time Instructor, at a salary of
$4,000 for 50% time for the spring semester, 1989.
Ms. Annette Dawson, Part-time Instructor, at a salary
of $3,720 for 50% time for the spring semester, 1989.
Ms. Vickie DeMars, Part-time Instructor, at a salary of
$3,250 for 50% time for the spring semester, 1989.
Ms. Mary Devine, Part-time Instructor, at a salary of
$3,500 for 50% time for the spring semester, 1989.
Mr. Doug Dollar, Part-time Instructor, at a salary of
$3,250 for 50% time for the spring semester, 1989.
Ms. Betty Haley, Part-time Instructor, at a salary of
$3,250 for 50% time for the spring semester, 1989.
Dr. Connie Hall, Part-time Instructor, at a salary of
$1,860 for 25% time for the spring semester, 1989.
Ms. Mary E. Pierce-Daniel, Part-time Instructor, at a
salary of $3,250 for 50% time for the spring semester,
1989.
Mr. Robert Richey, Part-time Instructor, at a salary of
$3,250 for 50% time for the spring semester, 1989.
Ms. Lynda Kaye Russell, Part-time Instructor, at a
salary of $3,250 for 50% time for the spring semester,
1989.
Ms. Nancy Lee Shaffer, Part-time Instructor, at a
salary of $1,625 for 25% time for the spring semester,
1989.
Ms. Molly Travis, Part-time Instructor, at a salary of
$3,500 for 50% time for the spring semester, 1989.
Ms. Leann West, Part-time Instructor, at a salary of
$1,625 for 25% time for the spring semester, 1989.
11. Forestry
Dr. Gary Douglas Kronrad, Assistant Professor, 40,
Ph.D. (University of Massachusetts), at a salary of
$30,000 for 100% time, effective May 1, 1989.
Dr. Casey E. Westell, Jr., Visiting Hunt Professor, 62,
Ph.D. (University of Michigan), at a salary of $6,000
for 25% time for the spring semester, 1989.
12. Health and Physical Education
Mr. Ike E. Anders, Part-time Instructor, at a salary of
$2,500 for 50% time for the spring semester, 1989.
Ms. Virginia Jobe Mathews, Part-time Associate
Professor, at a salary of $8,875 for 75% time for the
spring semester, 1989.
Ms. Carolyn Ann Tillison, Part-time Instructor, at a
salary of $6,000 for 100% time for the spring semester,
1989.
13. History
Ms. Hazel Abernethy, Part-time Instructor, at a salary
of $3,600 for 50% time for the spring semester, 1989.
Mr. Thomas L. Dunn, Part-time Instructor, at a salary
of $1,800 for 25% time for the spring semester, 1989.
Dr. James M. McReynolds, Part-time Instructor, at a
salary of $2,000 for 25% time for the spring semester,
1989.
Mr. Daniel F. Rankin, Part-time Instructor, at a salary
of $3,600 for 50% time for the spring semester, 1989.
Mr. Ronald L. Spiller, Part-time Instructor, at a
salary of $3,600 for 50% time for the spring semester.
1989.
14. Liberal Arts
Dr. Sung-chul Shin, Exchange Professor, 57, Ph.D.
(Chungnam National University in Korea), at a salary of
$7,000 for 100% time for seven months, effective
January 2, 1989.
15. Management and Marketing
Dr. Richard W. Ballenger, Part-time Lecturer, at a
salary of $3,000 for 50% time for the spring semester,
1989.
16. Mathematics and Statistics
Dr. Robert R. Fleet, Lecturer, at a salary of $7,700
for 100% time for the spring semester, 1989.
Mr. Hossein M. Hosseinpour, Lecturer, at a salary of
$6,510 for 100% time for the spring semester, 1989.
Mr. Paul E. Lewis, Lecturer, 26, M.S. (Stephen F.
Austin State University), at a salary of $6,400 for
100% time for the spring semester, 1989.
Ms. Vicky G. Lymbery, Lecturer, at a salary of $7,918
for 100% time for the spring semester, 1989.
Mr. Anthony G. Precella, Lecturer, 24, M.S. (Stephen F.
Austin State University), at a salary of $6,400 for
100% time for the spring semester, 1989.
Mr. Timothy C. Precella, Lecturer, 24, M.S. (Stephen F.
Austin State University), at a salary of $6,400 for
100% time for the spring semester, 1989.
17. Modern Languages
Mr. Jose Barboza, Part-time Instructor, at a salary of
$1,325 for 25% time for the spring semester, 1989.
Mr. Robert Norris, Part-time Instructor, at a salary of
$1,650 for 25% time for the spring semester, 1989.
18. Music
Ms. Debbie J. Berry, Part-time Instructor, at a salary
of $4,333 for 72% time for the spring semester, 1989.
Mr. William C. Krause, Part-time Instructor, at a
salary of $1,500 for 25% time for the spring semester,
1989.
Ms. Linda Parr, Part-time Instructor, at a salary of
$833 for 13.8% time for the spring semester, 1989.
19. Nursing
Dr. Doreen Shephard, Assistant Professor, 53, Ph.D.
(Texas Woman's University), at a salary of $31,500 for
nine months, effective spring semester, 1989.
20. Political Science and Geography
Dr. Harry V. Hoechten, Lecturer, at a salary of $6,000
for 75% time for the spring semester, 1989.
Ms. Robin L. Moore, Part-time Instructor, 35, M.P.A.
(Texas A&M University), at a salary of $1,650 for 25%
time for the spring semester, 1989.
21. Psychology
Mr. David Milem, Part-time Instructor, at a salary of
$1,800 for 25% time for the spring semester, 1989.
Mr. Robert B. Patterson, Part-time Instructor, 39, M.A.
(Stephen F. Austin State University), at a salary of
$1,900 for 25% time for the spring semester, 1989.
Mr. Mark Allen Sutten, Part-time Instructor, 36, M.A.
(Stephen F. Austin State University), at a salary of
$1,900 for the spring semester, 1989.
Ms. Donna R. Teafatiller, Part-time Instructor, 39,
M.A. (Stephen F. Austin State University), at a salary
of $1,800 for 25% time for the spring semester, 1989.
22. Secondary Education
Ms. Kathleen H. Belanger, Part-time Instructor, at a
salary of $1,500 for 25% time for the spring semester,
1989.
Mr. Bobby D. Browning, Part-time Assistant Professor,
at a salary of $2,000 for 25% time for the spring
semester, 1989.
Mr. Darryl Lynn Morris, Part-time Lecturer, 39, M.Ed.
(Texas A&M University), at a salary of $2,000 for 25%
time for the spring semester, 1989.
23. Social Work
Ms. Nancy F. Lamar, Part-time Instructor, 36, M.S.S.W.
(University of Texas at Arlington), at a salary of
$1,500 for 25% time for the spring semester, 1989.
Mr. Arlyn Vierkant, Part-time Instructor, at a salary
of $1,500 for 25% time for the spring semester, 1989.
24. Theatre
Dr. Maury H. Marcus, Part-time Instructor, at a salary
of $1,500 for 25% time for the spring semester, 1989.
25. Applied Studies
Faculty members with on-campus teaching assignments are
routinely assigned, as needed, to teach field-based,
off-campus courses. Faculty are compensated for
teaching courses away from the campus through a formula
approved by the Board of Regents which includes a
payment for the travel time necessary for delivering
the course, as well as a stipend for teaching the
course. Courses taught in correctional institutions
also carry a small additional stipend. Occasionally,
individuals teaching part-time on campus will receive a
proportional part of their regular salary plus the
extra compensation for delivering off-campus courses.
The following faculty are teaching for the spring
semester, 1989, at the location, and for the salary
indicated.
Dr. Jesse Richardson
Dr. Elvia Rodriguez
Dr. Jose Rodriguez
Dr. Stephen N. Smith
Dr. James 0. Standley
Dr. Donnya Stephens
Dr. John T. Thornton
Mr. Arlyn Vierkant
Dr. William Weber
26. Administrative and Fiscal Affairs
Mr. Paul W. Heimer, Director of Purchasing and
Inventory, at a salary of $36,500 for 100% time,
effective March 13, 1989.
27. University Affairs
Mr. Eric Nelson, Facilities Manager, at a salary of
$20,000 for twelve months, effective January 18, 1989.
28. Computing and Communication Services
Mr. J. R. Berger, Programmer/Analyst I, at a salary of
$19,000 for 100% time, effective October 10, 1988.
Mr. Paul R. Blackwell, Microcomputer Support
Specialist, at a salary of $19,000 for 100% time,
effective January 6, 1989.
89-54
Upon motion of Regent Haynes, seconded by Regent Windham,
with all members voting aye, it was ordered that the
following appointments for 1989-90 be approved.
1. Accounting
Ms. Dixie Dion Macrina, Assistant Professor, 47, MBA
(Stephen F. Austin State University), at a salary of
$39,000 for 100% time for the fall semester, 1989.
2. Political Science and Geography/Sociology
Dr. Gayle K. Berardi, Assistant Professor of Political
Science and Sociology, 36, Ph.D. (University of
Colorado), at a salary of $24,500 for nine months,
effective the fall semester, 1989.
89-55
Upon motion of Regent Christopher, seconded by Regent Hile,
with all members voting aye, it was ordered that the
following changes of status be approved.
1. Counseling and Special Educational Programs
Ms. Debra Bankston, Instructor, an additional $1,000 to
teach an overload during the spring semester, 1989.
Dr. Joe M. Blackbourn, Assistant Professor, an
additional $1,000 to teach an overload during the
spring semester, 1989.
Ms. Emilie M. Kief, Instructor, an additional $1,000 to
teach an overload during the spring semester, 1989.
Dr. Michael D. McKaig, Assistant Professor, an
additional $1,000 to teach an overload during the
spring semester, 1989.
Dr. Bruce Payette, Associate Professor, an additional
$1,000 to teach an overload during the spring semester,
1989.
Ms. Marietta L. Yeates, Instructor, an additional
$1,000 to teach an overload during the spring semester,
1989.
2. Elementary Education
Dr. Macra Ann Brunson, Assistant Professor, an
additional $1,000 to teach an overload during the
spring semester, 1989.
Mr. Neill S. Hays, Part-time Assistant Professor, from
a salary of $1,235 for 25% time for the spring semester
1989, to a salary of $5,625 for 75% time for the spring
semester, 1989.
Ms. Charlotte 0. Kennemer, Part-time Instructor, from a
salary of $3,500 for 50% time to a salary of $5,500 for
100% time for the spring semester, 1989.
Dr. Robert F. Smith, Professor, an additional $1,000 to
teach an overload during the spring semester, 1989.
Dr. Wendall Spreadbury, Professor, an additional $1,000
to teach an overload during the spring semester, 1989.
3. English and Philosophy
Ms. Vickie DeMars, Part-time Instructor, from a salary
of $3,250 for 50% time to a salary of $4,350 for 75%
10
time, effective February 27, 1989. This is due to
illness of a full-time faculty member.
Ms. Mary Devine, Part-time Instructor, from a salary of
$3,500 for 50% time to a salary of $4,700 for 75% time,
effective February 27, 1989. This is due to illness of
a full-time faculty member.
Mr. Doug Dollar, Part-time Instructor, from a salary of
$3,250 for 50% time to a salary of $4,350 for 75% time,
effective February 27, 1989. This is due to illness of
a full-time faculty member.
Ms. Betty Haley, Part-time Instructor, from a salary of
$3,250 for 50% time to a salary of $4,350 for 75% time,
effective February 27, 1989. This is due to illness of
a full-time faculty member.
4. Library
Ms. Penelope Clark, from Library Assistant I in
Acquisitions at a salary of $9,441 for 100% time to
Library Assistant III in Special Collections at a
salary of $10,712 for 100% time for twelve months,
effective March 20, 1989.
5. Registrar
Ms. Glender Lynn Chatman, from Transcript Analyst at a
salary of $15,073 for 100% time to Assistant Registrar
at a salary of $17,500 for 100% time for twelve months,
effective April l, 1989.
6. Secondary Education
Dr. Charlene S. Crocker, Assistant Professor, an
additional $1,000 to teach an overload during the
spring semester, 1989.
Dr. Sherry Rulfs, Assistant Professor, an additional
$1,000 to teach an overload during the spring semester,
1989.
Dr. George S. Thompson, Professor, an additional $2,000
to teach an overload during the spring semester, 1989.
Ms. Paulette Wright, Lecturer, an additional $1,000 to
teach an overload during the spring semester, 1989.
7. Administrative and Fiscal Affairs
Ms. Cathy H. Allen from Employee Relations Counselor at
a salary of $17,425 for 100% time for twelve months to
Director of Personnel Services at a salary of $30,000
11
for 100% time for twelve months, effective March 13,
1989.
Ms. Marcielle L. Walker, from Interim Director of
Personnel Services at a salary of $30,000 for 100% time
for twelve months to Assistant Director of Personnel
Services at a salary of $23,657 for 100% time for
twelve months, effective March 13, 1989.
Mr. Wilbur M. Lee, from Interim Director of Purchasing
and Inventory at a salary of $32,000 for 100% time for
twelve months to Assistant Director of Inventory at a
salary of $24,603 for 100% time for twelve months,
effective March 13, 1989.
8. University Affairs
Ms. Michele Haddox, Hall Director III, from a salary of
$8,414 for nine months to Coordinator of Residence Life
at a salary of $21,000 for twelve months, effective
March 1, 1989.
89-56
Upon motion of Regent Haynes, seconded by Regent Windham,
with all members voting aye, it was ordered that the
following leaves of absence, without pay, be granted.
1. Physics and Astronomy
Dr. James Dennis, for the spring semester, 1990.
2. English and Philosophy
Dr. William Cozart, from April 12, 1989, through
May 31, 1989.
89-57
Upon motion of Regent Bryce, seconded by Regent Hile, with
all members voting aye, it was ordered that academic tenure
be awarded to the following individuals, effective fall
semester, 1989.
Dr. Betty Johnson, Administrative Services
Dr. Scott L. Bills, History
Dr. Billy Ray Long, Agriculture
Dr. Joe Bert Stine, Economics and Finance
Dr. Richard T. Shigley, Criminal Justice
Dr. Kristi Dixon-Bills, Elementary Education
Dr. Jack Ethridge, Accounting
Dr. Patrick Mueller, Criminal Justice
12
Dr. Sherry Rulfs, Secondary Education
Mr. Stan Bobo, Kinesiology and Health Science
Mr. Peter Lisieski, Art
Dr. Elizabeth Vaughan, Elementary Education
Dr. Walter Trikosko, Physics
Dr. Pamela Roberson, Mathematics and Statistics
Ms. Martha Turnage, Library
89-58
Upon motion of Regent Hile, seconded by Regent Bryce, with
all members voting aye, it was ordered that the following
individuals be granted promotion to the academic rank
indicated, effective fall semester, 1989.
To Professor:
Dr. Camille Price, Computer Science
Dr. Norman L. Markworth, Physics and Astronomy
Dr. William Joseph Oliver, Communication
Dr. James Corbin, Sociology
Dr. John Dahmus, History
Dr. Donald Gregory, Political Science and Geography
Dr. Lynnette K. Solomon, Economics and Finance
Dr. Michael Roach, Art
Dr. Carolyn B. Mitchell, Kinesiology and Health Science
To Associate Professor Emeritus!
Mr. Mel Montgomery, Music
To Associate Professor;
Dr. Scott L. Bills, History
Dr. Billy Ray Long, Agriculture
Mr. Peter Lisieski, Art
Dr. Charlene Crocker, Secondary Education
To Assistant Professor;
Dr. Kristi Dixon-Bills, Elementary Education
Dr. John Goodall, Music
Mr. M. Stan Bobo, Kinesiology and Health Science
Ms. Mary Jean Rudisill, Administrative Services
89-59
Upon motion of Regent Blake, seconded by Regent Jones, with
all members voting aye, it was ordered that the following
retirements be accepted.
13
1. Academic Affairs
Ms. Audrey Hillin, Assistant Registrar, effective
March 31, 1989.
2. Computer Center
Ms. Gay Ash, Programmer/Analyst II, effective March 31,
1989.
3. Administrative and Fiscal Affairs
Mr. Wilbur M. Lee, Assistant Director of Inventory,
effective March 31, 1989.
89-60
Upon motion of Regent Haynes, seconded by Regent
Christopher, with all members voting aye, it was ordered
that the following be awarded Regents Professorships for the
academic year 1989-90.
Dr. Lynnette K. Solomon, Economics and Finance
Dr. William Young, Music
89-61
Upon motion of Regent Blake, seconded by Regent Windham,
with all members voting aye, it was ordered that the faculty
workload report for the spring semester, 1989 be approved as
submitted.
89-62
Upon motion of Regent Bryce, seconded by Regent Christopher,
with all members voting aye, it was ordered that the 1989-90
General Bulletin be accepted.
89-63
Upon motion of Regent Hile, seconded by Regent Jones, with
all members voting aye, it was ordered that the Summer
Budget for 1989 totalling $1,966,258 be approved.
89-64
Upon motion of Regent Hile, seconded by Regent Jones, with
all members voting aye, it was ordered that the annual
financial certification be accepted.
14
89-65
Upon motion of Regent Christopher, seconded by Regent Jones,
with all members voting aye, it was ordered that the
administration be authorized to take bids, to be approved by
the Board of Regents, for replacement equipment and software
for the energy management system.
89-66
Upon motion of Regent Blake, seconded by Regent Jones, with
all members voting aye, it was ordered that the
administration be authorized to purchase the property at
1520 Baker Street for a purchase price not to exceed $37,000
and that the Chairman of the Board be authorized to sign the
purchase documents.
89-67
Upon motion of Regent Hile, seconded by Regent Blake, with
all members voting aye, it was ordered that the bid of
Bonner Roofing and Metal, Inc., in the amount of $137,460
for re-roofing Steen Library be approved and that the
Chairman of the Board be authorized to sign the contract.
(See page 18 for copy of contract.)
89-68
Upon motion of Regent Bryce, seconded by Regent Haynes, with
all members voting aye, it was ordered that the bid of
$170,051.00 from Moore Brothers, Lufkin, Texas, for the
repair of the coliseum parking lot be accepted and the
Chairman of the. Board be authorized to sign the contract.
(See page 28 for copy of contract.)
89-69
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that the Board of
Regents ratify action taken by the administration to accept
the combined low bid of $90,900 by Storer Equipment Company
of Shreveport, Louisiana, for the replacement chiller in
Hall 17 and installation.
15
89-70
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that the budget for
the replacement of the chiller in Hall 17 in the amount of
$113,300 be ratified.
89-71
Upon motion of Regent Blake, seconded by Regent Bryce, with
all members voting aye, it was ordered that the low bid of
J. E. Kingham, of Nacogdoches, be accepted and alternates 2,
4, and 5 be included in the contract for $910,550 for the
renovation of Wisely Hall and the Chairman of the Board be
authorized to sign the contract. (See page 38 for copy of
contract).
89-72
Upon motion of Regent Hile, seconded by Regent Bryce, with
all members voting aye, it was ordered that the budget for
the renovation of Wisely Hall be approved for $999,500.
89-73
Upon motion of Regent Haynes, seconded by Regent Hile, with
all members voting aye, it was ordered that the low bid of
ABCO Industries, Inc., of Abilene, Texas, of $43,068 for two
replacement boilers in the University Center be accepted and
the Chairman of the Board be authorized to sign the purchase
order.
89-74
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that the installation
of boilers, chillers, and related equipment for the
University Center be awarded to the low bidder, upon the
approval of the Chairman of the Board, and that the Chairman
be authorized to sign the contract.
89-75
Upon motion of Regent Windham, seconded by Regent Hile, with
all members voting aye, it was ordered that the low bid from
Merico Abatement Contractors, Inc. of Longview for the
removal of asbestos in the University Center for $71,175,
and the low bid from Certified Abatement Systems, Inc. of
Houston for the removal of asbestos in the University Center
Mechanical Room for $16,562 be accepted and that the
16
Chairman of the Board be authorized to sign the purchase
orders.
89-76
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that the engineering
firm of Schaumburg and Polk, Inc. be employed to prepare
plans for a storm sewer to be located between Raguet and
Lanana Creek running under East College Street in connection
with a sanitary sewer improvement proposed by the City of
Nacogdoches for the same area, and that the Chairman of the
Board be authorized to sign the contract.
89-77
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that the University
enter into an agreement with the City of Nacogdoches to
contract for a sanitary sewer and storm sewer improvement
project from Raguet Street to Lanana Creek running down East
College Street, and that the Chairman of the Board be
authorized to sign the agreement. (See page 49 for copy of
agreement.)
89-78
Upon motion of Regent Hile, seconded by Regent Haynes, with
all members voting aye, it was ordered that bids be taken
for the East College Storm Sewer project and that the
Chairman of the Board be authorized to sign the contract.
89-79
Upon motion of Regent Blake, seconded by Regent Haynes, with
all members voting aye, it was ordered that the agreement
with the T.L.L. Temple Foundation and Stephen F. Austin
State University Foundation, Incorporated be approved and
that the Chairman of the Board be authorized to sign the
agreement. (See page 61 for copy of agreement.)
89-80
Upon motion of Regent Hile, seconded by Regent Christopher,
with all members voting aye, it was ordered that the
Resolution honoring Ms. Willia Murphy Wooten be approved.
(See page 67 for Resolution.)
17
89-81
Upon motion of Regent Jones, seconded by Regent Blake, with
all members voting aye, it was ordered that the Resolution
honoring Mr. Lavoy Moore be approved. (See page 68 for
Resolution.)
89-82
Upon motion of Regent Wright, seconded by Regent Jones, with
all members voting aye, it was ordered that the Resolution
honoring Mr. A. Nelson Rusche be approved. (See page 69 for
Resolution.)
89-83
Upon motion of Regent Haynes, seconded by Regent Hile, with
all members voting aye, it was ordered that the Resolution
honoring Mr. M. M. Stripling be approved. (See page 70 for
Resolution.)
89-84
Upon motion of Regent Blake, seconded by Regent Jones, with
all members voting aye, it was ordered that a Resolution be
drafted honoring immediate past chairman of the Board of
Regents, Mr. Dan Haynes.
18
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
made of the Eighteenth day of April in the year of Nineteen Hundred and
Eighty Nine
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS 75962, acting here
through its Chairman
AND THE CONTRACTOR: BONNER ROOFING & METAL, INC.
509 LOCKE
LUFKIN, TEXAS 75901
THE PROJECT: RE-ROOFING - 1989
STEEN LIBRARY
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
404 PERRY BUILDING
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
19
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the
Contract (General, Uniform General, Supplementary and other Conditions),
the Drawings, the Specifications, all Addenda issued prior to and all
Modifications
issued after execution of this Agreement. These form the Contract, and
all are as fully a part of the Contract as if attached to this Agreement
or repeated herein. An enumeration of the Contract Documents appears
in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for
RE-ROOFING 1989
STEEN LIBRARY
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced at the date
to be established in the Notice to Proceed, and subject to authorized adjust
ments, Substantial Completion shall be achieved as follows:
Begin May 15, 1989 and fully complete the
project by July 19, 1989
20
The Contractor further agrees to pay as liquidated damages the sum of
$100.00 per day for each consecutive calendar day thereafter the work
remains unfinished as specified in "Supplementary Conditions" and in
"Proposal".
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance
of the Work, subject to additions and deductions by Change Order as
provided in the Contract Documents, the Contract sum of One Hundred
Thirty Seven Thousand Four Hundred Sixty and No/100 Dollars ($137,460.00)
out of current funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
The^Contract Sum is determined as follows:
BASE BID $ 137,460.00
CONTRACT AMOUNT $ 137,460.00
21
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the
Contractor and Certificates for Payment issued by the Architect, the
Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided in the Contract Documents for the period ending
the last day of the month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety percent (90$O of the portion of the Contract
Sum properly allocable to labor, materials and equipment incorporated
in the Work and Ninety percent (90?) of the portion of the Contract Sum
properly allocable to materials and equipment suitably stored at the site
or at some other location agreed upon in writing, for the period covered
by the Application for Payment, less the aggregate of previous payments
made by the Owner; and upon Substantial Completion of the entire work,
a sum sufficient to increase the total payments to Ninety (90$) of the
Contract Sum, less such amounts as the Architect shall determine for all
incomplete work and unsettled claims as provided in the Contract Documents,
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract
Sum, shall be paid by the Owner to the Contractor not later than thirty
days after the Work has been completed, the contract fully performed,
and a final Certificate for Payment has been issued by the Architect.
22
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions
of the Contract shall have the meanings designated in those conditions.
7*2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
Drawings and Specifications entitled
"RE-ROOFING - 1989
STEEN LIBRARY
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS"
Sheet and Section numbers as listed in Paragraph 1,1 of
"Supplementary Conditions" and the following:
2. This contract is to cover the General Contract work,
including related Mechanical Work, complete.
23
2. The said Drawings and each of ail said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General
Conditions" of the Contract is in conflict with this Agreement,
this Agreement shall control and govern.
3. The work called for and included in this Agreement is to be
subject to the observation of the Architect above named and his
determination of the true meaning and proper construction of the
Drawings and Specifications shall be considered as final,
4. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100? of Contract Price; on
form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contract shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and repay Owner
all outlay and expense which Owner may incur in making
good any default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and
materials save which persons shall have a direct
action against Contractor and the surety on his
bond, subject to Ownerfs priority.
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority
24
from the Secretary of the Treasury under the Act of Congress
Approved July 30, 1957, as Acceptable Sureties on Federal
Bonds" and within the Underwriting limitations listed
therein for any single risk.
Bond shall comply with requirements of all state laws; in
cluding those of Article 5160 Revised Civil Statues of
Texas, 1925, as amended by House Bill 3kkf Acts 56th
Legislature, Regular Session, 1959, effective April 27, 1959
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, con
forming to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employerfs
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance:
In an amount not less than $500,000.00 for injuries,
including personal injury or accidental death to any one
person, and in an amount not less than $500,000.00 on
account of one occurrence; Property Damage Insurance in
an amount not less than $300,000.00.
Comprehensive Auto Liability:
Bodily Injury Liability:
$500,000.00 - each person
$500,000.00 - each occurrence
Property Damage Liability:
$300,000.00 - each occurrence
25
c) Include Broad Form Property Damage Insurance. Remove
!lXCUft Exclusions (Explosion, collapse, underground
property damage). Include damage to underground wiring,
conduits, piping.
d) Contractual Liability Insurance: The Contractor shall
obtain at his expense Owner!s Protective Liability Insurance
Policy naming the Owner and the Architect/Engineer as
insured with the following limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
f) Comprehensive Castastrophic Liability Insurance (Umbrella
Liability) $1,000,000.00
g) Before commencement of operations hereunder, Contractor
shall furnish to the Architect, photostatic copies of the
above mentioned insurance policies, together with a
certificate from the insurance carrier that the insurance
will not be canceled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
26
7. Builder's Risk Insurance: The Contractor shall provide
Builder's Risk Insurance (Fire, extended coverage, vandalism
and malicious mischief) as specified on Page 6 of "Supplementary
Conditions" on a 100$ completed value basis in the names of the
Contractor, Subcontractors, Owner and Architect, as their
interests appear.
Subrogation: This insurance shall not be invalidated should
the named insured waive in writing prior to a loss any right
of recovered against any party for loss occurring to the property
described.
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver
said improvements and premises, upon completion, to the Owner,
free and clear of all liens and claims for labor furnished or
materials used and other indebtedness whatsoever.
9. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor ^q.t^o.od
Materials TJt t
Total $ 137,460.00
Contractor hereby assigns to Owner any and all claims for overcharges
associated with this contract which arise under the antitrust laws of the
United States, 15 U.S.C.A. Sec. 1 et seq. (1973).
27
IN WITNESS WHEREOF, the parties of these presents have executed this
Contract in four (4) counterparts, each of which shall be deemed an original
in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
BY_
BONNER ROOFING & METAL, INC.
509 LOCKE
LUFKIN, TEXAS 75901
ADDRESS
SEAL
READ AND EXAMINED:
Secretary
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
10
28
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
made of the Twenty Sixth day of April in the year of Nineteen Hundred and
Eighty Nine
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS 75962, acting here
through its Chairman
AND THE CONTRACTOR: MOORE BROTHERS CONSTRUCTION CO., INC.
P. 0. BOX 35
LUFKIN, TEXAS 75901
THE PROJECT: COLISEUM PARKING.
RE-PAVING 19.89
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCHITECT: MARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
H04 PERRY BUILDING
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
29
ARTICLE 1
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the
Contract (General, Uniform General, Supplementary and other Conditions),
the Drawings, the Specifications, all Addenda issued prior to and all
Modifications
issued after execution of this Agreement. These form the Contract, and
all are as fully a part of the Contract as if attached to this Agreement
or repeated herein. An enumeration of the Contract Documents appears
in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract Documents
for
COLISEUM PARKING
RE-PAVING 1989
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced at the date
to be established in the Notice to Proceed, and subject to authorized adjust
ments, Substantial Completion shall be achieved as follows:
Begin May 15, 1989 and fully complete the
project by July 28, 1989
30
The Contractor further agrees to pay as liquidated damages the sum of
$100.00 per day for each consecutive calendar day thereafter the work
remains unfinished as specified in "Supplementary Conditions" and in
"Proposal".
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance
of the Work, subject to additions and deductions by Change Order as
provided in the Contract Documents, the Contract sum of One Hundred
Seventy Thousand Fifty One and No/100 Dollars ($170,051.00)
out of current funds available to the Owner for expenditure
for the use and benefit of Stephen F. Austin State University.
+The Contract Sum is determined as follows:
BASE BID $ 157,007.00
ALTERNATE NO. 1 10,044.00
(Lime Treatment)
ALTERNATE NO. 2 3,000.00
(Paint Striping)
CONTRACT AMOUNT $ 170,051.00
31
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the
Contractor and Certificates for Payment issued by the Architect, the
Owner shall make progress payments on account of the Contract Sum to the
Contractor as provided in the Contract Documents for the period ending
the last day of the month as follows:
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety percent (90%) of the portion of the Contract
Sum properly allocable to labor, materials and equipment incorporated
in the Work and Ninety percent (90%) of the portion of the Contract Sum
properly allocable to materials and equipment suitably stored at the site
or at some other location agreed upon in writing, for the period covered
by the Application for Payment, less the aggregate of previous payments
made by the Owner; and upon Substantial Completion of the entire work,
a sum sufficient to increase the total payments to Ninety (90$) of the
Contract Sum, less such amounts as the Architect shall determine for all
incomplete work and unsettled claims as provided in the Contract Documents.
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract
Sum, shall be paid by the Owner to the Contractor not later than thirty
days after the Work has been completed, the contract fully performed,
and a final Certificate for Payment has been issued by the Architect.
32
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions
of the Contract shall have the meanings designated in those conditions.
7.2 The Contract Documents, which constitute the entire agreement between
the Owner and the Contractor, are listed in Article 1 and, except for
Modifications issued after execution of this Agreement, are enumerated
as follows:
1. Drawings and Specifications entitled
"COLISEUM PARKING
RE-PAVING 1989
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS"
Sheet and Section numbers as listed in Paragraph 1.1 of
"Supplementary Conditions" and the following:
2. This contract is to cover the General Contract work,
including related Mechanical Work, complete.
33
3. The said Drawings and each of all said Specifications and "General
Conditions" are made part of this Agreement for all intents and
purposes, provided that if anything in the said "General
Conditions" of the Contract is in conflict with this Agreement,
this Agreement shall control and govern.
4. The work called for and included in this Agreement is to be
subject to the observation of the Architect above named and his
determination of the true meaning and proper construction of the
Drawings and Specifications shall be considered as final.
5. The Contractor shall pay premium for and furnish Performance
Bond and Payment Bond in amount of 100? of Contract Price; on
form to be furnished by Architect, with sureties acceptable
to the Owner, conditioned:
1.) That Contract shall faithfully perform his Contract
and fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and repay Owner
all outlay and expense which Owner may incur in making
good any default.
2.) That Contractor shall pay all persons who have con
tracts directly with Contractor for labor and
materials save which persons shall have a direct
action against Contractor and the surety on his
bond, subject to Owner1s priority.
Surety Companies shall be on approved list of U. S. Treasury
Department of "Companies holding Certificates of Authority
34
from the Secretary of the Treasury under the Act of Congress
Approved July 30, 19571 as Acceptable Sureties on Federal
Bonds" and within the Underwriting limitations listed
therein for any single risk.
Bond shall comply with requirements of all state laws; in
cluding those of Article 5160 Revised Civil Statues of
Texas, 1925, as amended by House Bill 344, Acts 56th
Legislature, Regular Session, 1959, effective April 27, 1959
6. The Contractor shall effect, pay for and maintain during the
life of this Contract insurance acceptable to the Owner, con
forming to the following schedule:
a) Compensation and Employer's Liability Insurance:
As required by the laws of the State of Texas; Employer1s
Liability Insurance, $500,000.00.
b) Comprehensive General Liability Insurance:
In an amount not less than $500,000.00 for injuries,
including personal injury or accidental death to any one
person, and in an amount not less than $500,000.00 on
account of one occurrence; Property Damage Insurance in
an amount not less than $300,000.00.
Comprehensive Auto Liability:
Bodily Injury Liability:
$500,000.00 - each person
$500,000.00 - each occurrence
Property Damage Liability:
$300,000.00 - each occurrence
35
c) Include Broad Form Property Damage Insurance. Remove
"XCU11 Exclusions (Explosion, collapse, underground
property damage). Include damage to underground wiring,
conduits, piping,
d) Contractual Liability Insurance: The Contractor shall
obtain at his expense Owner's Protective Liability Insurance
Policy naming the Owner and the Architect/Engineer as
insured with the following limits:
1. Bodily Injury
$500,000.00 (each person)
$500,000.00 (each occurrence)
2. Property Damage
$300,000.00 (each occurrence)
e) Completed Operations: Continue coverage in force for
one year after completion of work.
f) Comprehensive Catastrophic Liability Insurance (Umbrella
Liability) $1f 000,000.00
g) Before commencement of operations hereunder, Contractor
shall furnish to the Architect, photostatic copies of the
above mentioned insurance policies, together with a
certificate from the insurance carrier that the insurance
will not be canceled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
36
7. Builder's Risk Insurance: The Contractor shall provide
Builder's Risk Insurance (Fire, extended coverage, vandalism
and malicious mischief) as specified on Page 6 of "Supplementary
Conditions" on a 100? completed value basis in the names of the
Contractor, Subcontractors, Owner and Architect, as their
interests appear.
Subrogation: This insurance shall not be invalidated should
the named insured waive in writing prior to a loss any right
of recovered against any party for loss occurring to the property
described,
8. The Contractor shall complete the several portions and the whole
of the work called for under this Agreement and shall deliver
said improvements and premises, upon completion, to the Owner,
free and clear of all liens and claims for labor furnished or
materials used and other indebtedness whatsoever.
9. For purposes of complying with the State of Texas Sales Tax,
the following is a division between labor and materials.
Labor 15, <5Tb. .
READ AND EXAMIN
MOORE BROTHERS CONSTRUCTION COMPANY
P. 0. BOX 35
LUFKIN, TEXAS 75901
ADDRESS
BY
(Hoofte yv/'ce - P*esir
Secretary.
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should
attest. If Contractor is corporation, Secretary should attest.
Give proper title of each person executing Contract.
10
38
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF NACOGDOCHES
AGREEMENT
made of the Twenty Sixth day of April in the year of Nineteen
Hundred and Eighty Nine
BETWEEN THE OWNER: STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS 75962, acting here
through its Chairman
AND THE CONTRACTOR: J.E. KINGHAM CONSTRUCTION COMPANY INC.
P.O. BOX 632
NACOGDOCHES, TEXAS 75963
THE PROJECT: ALTERATIONS -1989
WISELY HALL
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS
THE ARCH ITECT: M ARSELLOS AND SCOTT
ARCHITECTS-ENGINEERS
404 PERRY BUILDING
LUFKIN, TEXAS 75901
The Owner and the Contractor agree as set forth below:
-1-
ARTICLE 1 39
THE CONTRACT DOCUMENTS
The Contract Documents consist of this Agreement, the Conditions of the
Contract (General, Uniform General, Supplementary and other Conditions),
the Drawings, the Specifications, all Addenda issued prior to and all
Modifications issued after execution of this Agreement. These form the
Contract, and ail are as fully a part of the Contract as if attached to this
Agreement or repeated herein. An enumeration of the Contract Documents
appears in Article 7.
ARTICLE 2
THE WORK
The Contractor shall perform all the Work required by the Contract
Documents for -
ALTERATIONS - 1989
WISELY HALL
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES.TEXAS
ARTICLE 3
TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
The Work to be performed under this Contract shall be commenced at the
date to be established in the Notice to Proceed, and subject to authorized
adjustments, Substantial Completion shall be achieved as follows:
Begin May 15,1989 and fully complete the project by
January 1.1990.
-2-
40
The Contractor further agrees to pay as liquidated damages the sum of
$1000.00 per day for each consecutive calendar day thereafter the work
remains unfinished as specified in "Supplementary Conditions" and in
"Proposal".
ARTICLE 4
CONTRACT SUM
The Owner shall pay the Contractor in current funds for the performance
of the Work, subject to additions and deductions by Change Order as
provided in the Contract Documents, the Contract sum of Nine Hundred
Ten Thousand Five Hundred Fifty and no/100 ($910,550.00)
out of current funds available to the Owner for expenditure for the use
and benefit of Stephen F. Austin State University.
+The Contract Sum is determined as follows:
BASE BID $878,000.00
ALTERNATE NO. 2 + 6,000.00
(New Fixtures Toilet 129)
ALTERNATE NO. 4 + 4,300.00
(Additional electric plugs)
ALTERNATE NO. 5 + 22.250.00
(Ceramic Tile Bath Walls)
CONTRACT AMOUNT $910,550.00
-3-
41
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the
Contractor and Certificates for Payment issued by the Architect, the Owner
shall make progress payments on account of the Contract Sum to the
Contractor as provided in the Contract Documents for the period ending
the last day of the month as follows: K -
Not later than Thirty days following the end of the period covered by the
Application for Payment Ninety Five percent (95%) of the portion of the
Contract Sum properly allocable to labor, materials and equipment
incorporated in the Work and Ninety Five percent (95%) of the portion of
the Contract Sum properly allocable to materials and equipment suitably
stored at the site or at some other location agreed upon in writing, for the
period covered by the Application for Payment, less the aggregate of
previous payments made by the Owner; and upon Substantial Completion
of the entire work, a sum sufficient to increase the total payments to
Ninety Five (95%) of the Contract Sum, less such amounts as the Architect
shall determine for all incomplete work and unsettled claims as provided
in the Contract Documents.
-4-
ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid by the Owner to the Contractor not later than thirty days
after the Work has been completed, the contract fully performed, and a
final Certificate for Payment has been issued by the Architect.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 Terms used in this Agreement which are defined in the Conditions
of the Contract shall have the meanings designated in those
conditions.
7.2 The Contract Documents, which constitute the entire agreement
between the Owner and the Contractor, are listed in Article 1 and,
except for Modifications issued after execution of this Agreement,
are enumerated as follows:
1. Drawings and Project Manual entitled
"ALTERATIONS -1989
WISELY HALL
STEPHEN F. AUSTIN STATE UNIVERSITY
NACOGDOCHES, TEXAS "
Sheet and Section numbers as listed in Paragraph 1.1
of "Supplementary Conditions" and the following:
2. This contract is to cover the General Contract Work,
including related Mechanical Work, complete.
-5-
3. The said Drawings and each of all said Specifications and 43
"General Conditions" are made part of this Agreement for all
intents and purposes, provided that if anything in the said
"General Conditions" of the Contract is in conflict with this
Agreement, this Agreement shall control and govern.
4. The work called for and included in this Agreement is to be
subject to the observation of the Architect above named
and his determination of the true meaning and proper
construction of the Drawings and Specifications shall be
considered as final.
5. The Contractor shall pay premium for and furnish
Performance Bond and Payment Bond in amount of 100%
of Contract Price; on form to be furnished by Architect, with
sureties acceptable to the Owner, conditioned:
1.) That Contractor shall faithfully perform his Contract and
fully indemnify and save Owner harmless from all
costs and damages which may be suffered by reason of
failure to do so, and fully reimburse and re-pay Owner
all outlay and expense which Owner may incur in
making good any default.
-6-
44
2.) That Contractor shall pay all persons who have contracts
directly with Contractor for labor and materials save
which persons shall have a direct action against
Contractor and the surely on his bond, subject to
Owner's priority.
Surety Companies shall be on approved list of U.S. Treasury
Department of "Companies holding Certificates of Authority^
from the Secretary of the Treasury under the Act of
Congress approved July 30,1957, as Acceptable Sureties on
Federal Bonds" and within the Underwriting limitations
listed therein for any single risk.
Bond shall comply with requirements of all state laws;
including those of Article 5160 Revised Civil Statutes of
Texas, 1925, as amended by House Bill 344, Acts 56th
Legislature, Regular Session, 1959, effective April 27,1959.
6. The Contractor shall effect, pay for and maintain during the life
of this Contract insurance acceptable to the Owner, conforming to the
following schedule:
a) Compensation and Employers Liability Insurance:
As required by the laws of the State of Texas; Employer's
Liability Insurance, $500,000.00.
-7-
45
b) Comprehensive General Liability Insurance:
In an amount not less than $1,000,000.00 combined
bodily injury and property damage, including personal
injury or accidental death to any one person.
Comprehensive Auto Liability:
Bodily Injury Liability:
$500,000.00 - each person s .^
$500,000.00 - each occurence
Property Damage Liability:
$300,000.00 - each occurence
c) Include Broad Form Property Damage Insurance. Remove
"XCU" Exclusions (Explosion, collapse, underground property
damage). Include damage to underground wiring, conduits,
piping.
d) Contractual Liability Insurance: The Contractor shall
obtain at his expense Owner's Protective Liability Insurance
Policy naming the Owner and the Architect/Engineer as
insured with the following limits:
Bodily Injury and Property Damage: $1,000,000.00
e) Completed Operations: Continue coverage in force for
one year after completion of work.
-8-
46
f) Comprehensive Catastrophic Liability Insurance
(Umbrella Liability) $1,000,000.00
g) Before commencement of operations hereunder, Contractor
shall furnish to the Architect, photostatic copies of the
above mentioned insurance policies, together with a
certificate from the insurance carrier that the insurance
will not be canceled or permitted to lapse until fifteen
(15) days written notice of said impending cancellation
has been given to the Owner.
7. Builder's Risk Insurance: The contractor shall provide Builder's
Risk Insurance (Fire, extended coverage, vandalism and malicious
mischief) as specified on Page 6 of "Supplementary Conditions" on a
100% completed value basis in the names of the Contractor,
Subcontractors, Owner and Architect, as their interests appear.
Subrogation: This insurance shall not be invalidated should the named
insured waive in writing prior to a loss any right of recovered against
any party for loss occuring to the property described.
8. The Contractor shall complete the several portions and the whole of the
work called for under this Agreement and shall deliver said
improvements and premises, upon completion, to the Owner, free and
clear of all liens and claims for labor furnished or materials used and
other indebtness whatsoever.
-9-
47
9. For purposes of complying with the State of Texas Sales Tax, the
following is a division between labor and materials.
Labor
Materials
Total $910,550.00
Contractor hereby assigns to Owner any and all claims for overcharges
associated with this contract which arise under the anti-trust laws of the
United States, 15 U.S.C.A. Sec. 1 et seq. (1973).
-10-
IN WITNESS WHEREOF, the parties of these presents have 48
executed this Contract in four (4) counterparts, each of which shall be
deemed an original in the year and day first above mentioned.
SEAL BOARD OF REGENTS
STEPHEN F. AUSTIN STATE UNIVERSITY
BY
SEAL
RY f^jUUPlt/
J.E. KINGHAM CONSTRUCTION CO. INC.
P.O. BOX 632
NACOGDOCHES. TEXAS 7S963
ADDRESS
READ AND EXAMINED:
Secretary T ~^?7'-~0 7
Board of Regents, Stephen F. Austin State University
(1) Corporation name of Owner
(2) Title of authorized official
(3) Strike out inapplicable terms. Secretary of the Owner should attest.
If Contractor is corporation, Secretary should attest. Give proper title of
each person executing Contract.
49
Stephen F. Austin State University
P.O. Box 6214, SFA Station • (409) 568-4305
Nacogdoches, Texas 75962-6214
April 26, 1989
Office of the
General Counsel
Mr. Jarvis Ammons, City Manager 4
City of Nacogdoches
P.O. Box 630648
Nacogdoches, Texas 75963-0648 ^
Re: Agreement for Joint Construction Project - Sanitary Sewer
and Storm Sewer Improvements - East College Street
Dear Mr. Ammons:
This letter is offered as an agreement between Stephen F. Austin
State University (University) and the City of Nacogdoches (City)
to provide for the division of costs on the joint storm sewer-sanitary
sewer improvement project to be constructed on East
College Street from LaNana Creek to Raguet Street. The project
generally consists of the construction of a new sanitary sewer to
intercept flows from existing 10" and 12" sanitary sewers and the
construction of a new storm sewer system to collect surface storm
runoff along East College Street.
The costs of the project shall be allocated as follows:
The University shall pay—
1. Costs of storm sewer pipe, related excavations, pipe
installation, backfill, concrete street replacement, and
asphalt overlay.
2. Catch basins and junction boxes.
3. Rip-rap and other storm drainage related improvements at
LaNana Creek.
4. Any additional asphalt surface replacement or overlay
outside of trench area.
5. Proportionate share of engineering costs.
The City shall pay—
1. Costs of sanitary sewer pipe, related excavation, pipe
installation, backfill, concrete street replacement, and
asphalt overlay.
2. Manholes, cleanouts, and sanitary sewer tie-ins.
3. Proportionate share of engineering costs.
AN EQUAL OPPORTUNITY EMPLOYER
50
Mr. Jarvis Ammons, City Manager
Page 2
April 26, 1989
The method for arriving at each entity's construction cost shall
be based on the contractor's Monthly Estimate. The Monthly
Estimate shall reflect the Engineer's best judgment of the
proportion of actual costs and expenses attributable to the City
and the University, respectively. The form of the Monthly
Estimate shall be prepared by the Engineer and filled out by the
contractor, see Attachment 1. Also attached is a sample Bid
Proposal page, Bid Breakdown page, Sanitary/Storm Percentage
page, and a sample Sanitary/Storm percentage sketch. (Attachments
2 to 5) . In addition to filling in the Bid Proposal pagefs)^
(Attachment 2), the contractor will be required to complete a Bid
Breakdown page (Attachment 3) for each Bid item which is a
combination of sanitary and storm sewer improvements. The unit
prices provided in the Bid Breakdown will be used to determine
the respective Sanitary/Storm Percentage(s).
The cost of engineering services will be prorated to each entity
based on the ratio of the entity's share of costs to the total
costs.
It is understood that the City will advertise the project for
bids the latter part of April with construction to begin
approximately May 22, 1989. Construction should be finished on
or before September 1, 1989. The University and the City will
make payments for their respective shares of the construction
costs directly to the contractor upon submittal of requests for
payment from the contractor and after receipt of the Monthly
Estimate prepared by the Engineer. Also, the University will
make payments for their respective shares of the engineering
costs directly to the Engineer upon submittal of invoices showing
the division of costs.
As a part of this agreement, the University will grant an
easement to the City for the installation of the proposed
sanitary sewer from the intersection of existing sanitary sewers
at East College Street and Raguet Street traversing below East
College Street in an easterly direction to an existing sanitary
sewer at LaNana Creek. The term of such easement shall be for
only so long as the City of Nacogdoches or its successors use
such easement for either storm sewer or sanitary sewer purposes.
Further, the University and the City agree that it shall be the
duty and responsibility of the contractor of this project and all
of its subcontractors to be familiar and comply with all
requirements of Public Law 91-596, 29 U.S.C. Sec. 651 et seq. ,
the Occupational Safety and Health Act of 1970, (OSHA) and all
amendments thereto, and to enforce and comply with all of the
provisions of this Act. In addition, the contractor and all of
51
Mr. Jarvis Ammons, City Manager
Page 3
April 26, 1989
it subcontractors shall comply with all requirements of 29 C.F.R.
Sees. 1926.652 and 1926.653, OSHA Safety and Health Standards,
and all amendments thereto. (Attachment 6).
The University and the City agree that the successful low bidder
will submit a trenching plan to the City within fifteen (15) days
after bid opening. The plan will be approved and sealed by a
professional engineer registered in the State of Texas and
employed by the contractor. Receipt of the plan is prerequisite
to award of a contract. Failure to submit a plan as required
will result in forfeiture of the bid bond. The trenching plan
submitted by the contractor shall, as a minimum, comply with the
requirements of Sees. 1926.652 and 1926.653, OSHA Safety and
Health Standards. (Attachment 6).
It is expressly understood that the City and Stephen F. Austin
State University are agreeing to this joint construction in order
to mutually save time and expense. The City is letting bids and
construction contracts for all construction and Stephen F. Austin
State University is giving an easement and paying for a portion
of construction costs. Despite that arrangement, the City is not
assuming the duties of a contractor as to Stephen F. Austin State
University nor shall the City acquire or incur any liability or
responsibility to Stephen F. Austin State University beyond what
is specifically agreed in the Letter Agreement.
Should the above be acceptable to the City, please execute two
copies of this letter, retain one for the City, and return one
copy to my office.
Yours trul
Don Henry, Vi^fe President
Administrative & Fiscal Affairs
Stephen F. Austin State University
Approved:
Stephen F. Austin Stare University
Mr. Jarvis Aimons, City Manager
Page 4
April 26, 1989
Accepted:
52
/Jarvis Aminons, City Manager
City of Nacogdoches
Date'
Monthly Estimate For
City of Hacondoches - Sanitary Sewer/Stora Sewer
East College Street
>
>
n
- CAMni c
ATTACHMENT 2
54
Bid Proposal
For
City of Nacogdoches
Sanitary Sewer/Storm Sewer Improvements
• East College Street
i5fH!__?l!?!l!ity_ U^L_?!ffciptlon Unit Price Total Price
1 1150 L.F. 15" Sanitary Sewer
• . ' and 48" storm sewer
installed in trench ' .
under concrete and/or ^.^
• asphalt street, complete :
"in place, all depths, /
including embedment,
backfill, pavement .
.-.•■• removal/replacement,
& testing, all in
accordance with plans
' . & specifications for
One Hundred Hinefcv-
Three Dollars • .
& Seventy Cents . $193.70 $
Per Liner Foot • . "
- Sample Page -'
ATTACHMENT 3
55
Bid Breakdown
Bid Item 1'
City of Nacogdoches
Item Description
1 ' Excavation
Quantity Unit
3.8 C.Y.
Unit Price Amount
$20.00 $76.00
2 15" sanitary sewer
installed with
embedment & tested 1
3 48" sanitary sewer/ •
. installed with • . '
embedment • 1
4 Backfill, including
compaction 1 ;9
5 Pavement removal & v
replacement, including
sawcutting pavement- 1.7
L.F. $15.40
L.F.,- $40.60.
c:
s.-
$ 8.00
$27.35
$15.40
$40.60
$15.20
$46.50
Total (Must equal Unit Price of Bid Item 1) $193.70
- Sample Page -
ATTACHMENT 4 56
Sanitary/Storm Percentage
Bid Item 1
. City of Nacogdoches
Sanitary Sewer Cost-
Excavation = 1.3 C.Y. @ £20.^00 / C.Y. = "
15" Sanitary, sewer installed with
embedment & tested = 1 L.F. @ $15.40 / l.P.
Backfill, including compaction = 0.9 C.Y. @ $8 00/ C Y
Pavement removal & replacement »«.uu/. c.Y.
including sawcutting = 0.7 S.Y.